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61999CJ0375

Kingdom of Spain v Commission of the European Communities.

2001-09-13

28 Next, it should be borne in mind that the Court has consistently held that prohibited discrimination can arise only where comparable situations are treated differently, unless such treatment is objectively justified (see, in particular, Belgium v Commission, cited above, paragraph 131).

61997CJ0242

Kingdom of Belgium v Commission of the European Communities.

131 It should next be borne in mind that the Court has consistently held that prohibited discrimination can arise only in cases where comparable situations are treated differently, unless such treatment is objectively justified (see, in particular, Case C-309/89 Codorniu v Council [1994] ECR I-1853, paragraph 26).

2000-05-18

61999CJ0380

Bertelsmann AG v Finanzamt Wiedenbrück.

2001-07-03

15 It is evident from the judgment in Case C-126/88 Boots Company [1990] ECR I-1235, paragraphs 15 and 16, that before the application of Article 11A(1)(a) of the Sixth Directive can be accepted, the application of Article 11A(2)(b) thereof must be excluded.

61988CJ0126

Boots Company plc v Commissioners of Customs and Excise.

16 It follows that each time the question of classifying a specific item arises, it is first necessary to examine whether the item falls within one of the categories referred to in paragraphs 2 and 3 and it is only when the answer to that question is in the negative that reference must be made to the general concept in paragraph 1(a ).

1990-03-27

61989CJ0001

Ingrid Raab v Hauptzollamt Berlin-Packhof.

1989-12-13

25 That is the case in particular since, as the Court has pointed out ( see judgment in Case 23/77 Westfaelischer Kunstverein, cited above, paragraph 3 ), the possible artistic merit of an article is defined essentially by reference to subjective and indeterminate criteria, whereas tariff classification must be founded on the objective criteria adopted by the Common Customs Tariff for the purposes both of its effective operation and of legal certainty .

61977CJ0023

Westfälischer Kunstverein v Hauptzollamt Münster.

3 THE ACTION THEREFORE CONCERNS THE DISTINCTION BETWEEN TWO HEADINGS IN THE COMMON CUSTOMS TARIFF , ONE OF WHICH , SUBHEADING 49.11 B , FALLS WITHIN THE GENERAL CATEGORY ' PRINTED BOOKS , NEWSPAPERS , PICTURES AND OTHER PRODUCTS OF THE PRINTING INDUSTRY ; MANUSCRIPTS , TYPESCRIPTS AND PLANS ' ( CHAPTER 49 ) WHILE THE OTHER , HEADING 99.02 , IS COVERED BY THE CONCEPT OF ' WORKS OF ART , COLLECTORS ' PIECES , AND ANTIQUES ' ( CHAPTER 99 ). THAT DISTINCTION CANNOT BE BASED ON THE POSSIBLE ARTISTIC MERIT OF THE AFOREMENTIONED ARTICLES , SOMETHING WHICH IS DEFINED ESSENTIALLY BY REFERENCE TO SUBJECTIVE AND INDETERMINATE CRITERIA , BUT MUST BE FOUNDED ON THE OBJECTIVE CRITERIA ADOPTED BY THE COMMON CUSTOMS TARIFF FOR THE PURPOSES BOTH OF ITS EFFECTIVE OPERATION AND OF LEGAL CERTAINTY .

1977-10-27

61989CJ0010

SA CNL-SUCAL NV v HAG GF AG.

1990-10-17

14 Consequently, as the Court has ruled on numerous occasions, the specific subject-matter of trade marks is in particular to guarantee to the proprietor of the trade mark that he has the right to use that trade mark for the purpose of putting a product into circulation for the first time and therefore to protect him against competitors wishing to take advantage of the status and reputation of the trade mark by selling products illegally bearing that mark . In order to determine the exact scope of this right exclusively conferred on the owner of the trade mark, regard must be had to the essential function of the trade mark, which is to guarantee the identity of the origin of the marked product to the consumer or ultimate user by enabling him without any possibility of confusion to distinguish that product from products which have another origin ( see, in particular, the judgments in Case 102/77 Hoffmann-La Roche v Centrafarm [1978] ECR 1139, paragraph 7, and in Case 3/78 Centrafarm v American Home Products Corporation [1978] ECR 1823, paragraphs 11 and 12 ).

61977CJ0102

Hoffmann-La Roche & Co. AG v Centrafarm Vertriebsgesellschaft Pharmazeutischer Erzeugnisse mbH.

7IN RELATION TO TRADE-MARKS , THE SPECIFIC SUBJECT-MATTER IS IN PARTICULAR TO GUARANTEE TO THE PROPRIETOR OF THE TRADE-MARK THAT HE HAS THE EXCLUSIVE RIGHT TO USE THAT TRADE-MARK FOR THE PURPOSE OF PUTTING A PRODUCT INTO CIRCULATION FOR THE FIRST TIME AND THEREFORE TO PROTECT HIM AGAINST COMPETITORS WISHING TO TAKE ADVANTAGE OF THE STATUS AND REPUTATION OF THE TRADE-MARK BY SELLING PRODUCTS ILLEGALLY BEARING THAT TRADE-MARK . IN ORDER TO ANSWER THE QUESTION WHETHER THAT EXCLUSIVE RIGHT INVOLVES THE RIGHT TO PREVENT THE TRADE-MARK BEING AFFIXED BY A THIRD PERSON AFTER THE PRODUCT HAS BEEN REPACKAGED , REGARD MUST BE HAD TO THE ESSENTIAL FUNCTION OF THE TRADE-MARK , WHICH IS TO GUARANTEE THE IDENTITY OF THE ORIGIN OF THE TRADE-MARKED PRODUCT TO THE CONSUMER OR ULTIMATE USER , BY ENABLING HIM WITHOUT ANY POSSIBILITY OF CONFUSION TO DISTINGUISH THAT PRODUCT FROM PRODUCTS WHICH HAVE ANOTHER ORIGIN . THIS GUARANTEE OF ORIGIN MEANS THAT THE CONSUMER OR ULTIMATE USER CAN BE CERTAIN THAT A TRADE-MARKED PRODUCT WHICH IS SOLD TO HIM HAS NOT BEEN SUBJECT AT A PREVIOUS STAGE OF MARKETING TO INTERFERENCE BY A THIRD PERSON , WITHOUT THE AUTHORIZATION OF THE PROPRIETOR OF THE TRADE-MARK , SUCH AS TO AFFECT THE ORIGINAL CONDITION OF THE PRODUCT . THE RIGHT ATTRIBUTED TO THE PROPRIETOR OF PREVENTING ANY USE OF THE TRADE-MARK WHICH IS LIKELY TO IMPAIR THE GUARANTEE OF ORIGIN SO UNDERSTOOD IS THEREFORE PART OF THE SPECIFIC SUBJECT-MATTER OF THE TRADE-MARK RIGHT .

1978-05-23

61989CJ0010

SA CNL-SUCAL NV v HAG GF AG.

1990-10-17

14 Consequently, as the Court has ruled on numerous occasions, the specific subject-matter of trade marks is in particular to guarantee to the proprietor of the trade mark that he has the right to use that trade mark for the purpose of putting a product into circulation for the first time and therefore to protect him against competitors wishing to take advantage of the status and reputation of the trade mark by selling products illegally bearing that mark . In order to determine the exact scope of this right exclusively conferred on the owner of the trade mark, regard must be had to the essential function of the trade mark, which is to guarantee the identity of the origin of the marked product to the consumer or ultimate user by enabling him without any possibility of confusion to distinguish that product from products which have another origin ( see, in particular, the judgments in Case 102/77 Hoffmann-La Roche v Centrafarm [1978] ECR 1139, paragraph 7, and in Case 3/78 Centrafarm v American Home Products Corporation [1978] ECR 1823, paragraphs 11 and 12 ).

61978CJ0003

Centrafarm BV v American Home Products Corporation.

11IN RELATION TO TRADE-MARKS , THE SPECIFIC SUBJECT-MATTER IS IN PARTICULAR THE GUARANTEE TO THE PROPRIETOR OF THE TRADE-MARK THAT HE HAS THE EXCLUSIVE RIGHT TO USE THAT TRADE-MARK FOR THE PURPOSE OF PUTTING A PRODUCT INTO CIRCULATION FOR THE FIRST TIME AND THEREFORE HIS PROTECTION AGAINST COMPETITORS WISHING TO TAKE ADVANTAGE OF THE STATUS AND REPUTATION OF THE MARK BY SELLING PRODUCTS ILLEGALLY BEARING THAT TRADE-MARK .

1978-10-10

61999CJ0380

Bertelsmann AG v Finanzamt Wiedenbrück.

2001-07-03

20 It is clear from the case-law of the Court that, with regard to VAT, a supply must be regarded as incidental to a principal supply when it does not constitute for the customer an end in itself but a means of better enjoying the principal service of the supplier (see, in particular, Case C-349/96 CPP [1999] ECR I-973, paragraph 30, and Case C-76/99 Commission v France [2001] ECR I-249, paragraph 27).

61999CJ0076

Commission of the European Communities v French Republic.

27 Second, the Court has held that a service must be regarded as ancillary to a principal service if it does not constitute for customers an aim in itself, but a means of better enjoying the principal service supplied (see CPP, paragraph 30).

2001-01-11

61999CJ0381

Susanna Brunnhofer v Bank der österreichischen Postsparkasse AG.

2001-06-26

28 As the Court has already held in Case 43/75 Defrenne II [1976] ECR 455, paragraph 12, that principle, which is a particular expression of the general principle of equality which prohibits comparable situations from being treated differently unless the difference is objectively justified, forms part of the foundations of the Community.

61975CJ0043

Gabrielle Defrenne v Société anonyme belge de navigation aérienne Sabena.

12 THIS DOUBLE AIM , WHICH IS AT ONCE ECONOMIC AND SOCIAL , SHOWS THAT THE PRINCIPLE OF EQUAL PAY FORMS PART OF THE FOUNDATIONS OF THE COMMUNITY .

1976-04-08

61999CJ0381

Susanna Brunnhofer v Bank der österreichischen Postsparkasse AG.

2001-06-26

49 It is for the national court, which alone has jurisdiction to find and assess the facts, to determine whether, in the light of the actual nature of the activities carried out by those concerned, equal value can be attributed to them (JämO, cited above, paragraph 48).

61998CJ0236

Jämställdhetsombudsmannen v Örebro läns landsting.

48 It is for the national court, which alone has jurisdiction to assess the facts, to determine whether, in the light of facts relating to the nature of the work done and the conditions in which it is carried out, the work can be deemed to be of equal value (Case C-400/93 Royal Copenhagen [1995] ECR I-1275, paragraph 42).

2000-03-30

61989CJ0010

SA CNL-SUCAL NV v HAG GF AG.

1990-10-17

14 Consequently, as the Court has ruled on numerous occasions, the specific subject-matter of trade marks is in particular to guarantee to the proprietor of the trade mark that he has the right to use that trade mark for the purpose of putting a product into circulation for the first time and therefore to protect him against competitors wishing to take advantage of the status and reputation of the trade mark by selling products illegally bearing that mark . In order to determine the exact scope of this right exclusively conferred on the owner of the trade mark, regard must be had to the essential function of the trade mark, which is to guarantee the identity of the origin of the marked product to the consumer or ultimate user by enabling him without any possibility of confusion to distinguish that product from products which have another origin ( see, in particular, the judgments in Case 102/77 Hoffmann-La Roche v Centrafarm [1978] ECR 1139, paragraph 7, and in Case 3/78 Centrafarm v American Home Products Corporation [1978] ECR 1823, paragraphs 11 and 12 ).

61978CJ0003

Centrafarm BV v American Home Products Corporation.

12IN ORDER TO ESTABLISH IN EXCEPTIONAL CIRCUMSTANCES THE PRECISE SCOPE OF THAT EXCLUSIVE RIGHT GRANTED TO THE PROPRIETOR OF THE MARK REGARD MUST BE HAD TO THE ESSENTIAL FUNCTION OF THE TRADE-MARK , WHICH IS TO GUARANTEE THE IDENTITY OF THE ORIGIN OF THE TRADE-MARKED PRODUCT TO THE CONSUMER OR ULTIMATE USER .

1978-10-10

61989CJ0030

Commission of the European Communities v French Republic.

1990-03-13

18 Although, as the Court held in the judgment of 23 January 1986 in Case 283/84 Trans Tirreno Express v Ufficio Provinciale IVA (( 1986 )) ECR 231, paragraph 21, the Sixth Directive, in particular Article 9(2)(b ), does not prohibit a Member State from charging to VAT a transport service effected between two points within its national territory, even where a part of the journey is made outside its national territory, provided that it does not encroach on the tax jurisdiction of other States, it may not be inferred from that ruling that the Sixth Directive has the effect of requiring the Member States to subject to VAT transport operations carried out within their territory in respect of that part of the journey occurring in or above international waters . The only consequence which may be inferred from the general aim of the Sixth Directive is that Member States who make use of their freedom to extend the scope of their tax legislation beyond their strict territorial limits are bound, when taxing such operations, to observe the common rules laid down by the directive .

61984CJ0283

Trans Tirreno Express SpA v Ufficio provinciale IVA.

21 IN REPLY TO THE QUESTION REFERRED TO THE COURT IT MUST THEREFORE BE STATED THAT ARTICLE 9 ( 2 ) ( B ) OF THE SIXTH COUNCIL DIRECTIVE , NO 77/388/EEC OF 17 MAY 1977 , ON THE HARMONIZATION OF THE LAWS OF THE MEMBER STATES RELATING TO TURNOVER TAXES - COMMON SYSTEM OF VALUE ADDED TAX : UNIFORM BASIS OF ASSESSMENT , DOES NOT PROHIBIT A MEMBER STATE FROM APPLYING ITS VALUE ADDED TAX LEGISLATION TO A TRANSPORT OPERATION EFFECTED BETWEEN TWO POINTS WITHIN ITS NATIONAL TERRITORY , EVEN WHERE A PART OF THAT JOURNEY IS COMPLETED OUTSIDE ITS NATIONAL TERRITORY , PROVIDED THAT IT DOES NOT ENCROACH ON THE TAX JURISDICTION OF OTHER STATES .

1986-01-23

61989CJ0030

Commission of the European Communities v French Republic.

1990-03-13

23 In addition, it must be remembered that the Court has repeatedly held that certainty and foreseeability are requirements which must be observed all the more strictly in the case of rules liable to entail financial consequences ( see the judgments of 15 December 1987 in Case 326/85 Netherlands v Commission (( 1987 )) ECR 5091, paragraph 24, and of 22 February 1989 in Joined Cases 92/87 and 93/87 Commission v France and the United Kingdom (( 1989 )) ECR 405, paragraph 22 ). Owing to the obligation on the Member States to make available to the Community as own resources a proportion of the amounts collected as VAT, the Community rules on VAT have important financial consequences for the Member States .

61985CJ0326

Kingdom of the Netherlands v Commission of the European Communities.

24 MOREOVER, AS THE COURT HAS REPEATEDLY HELD, COMMUNITY LEGISLATION MUST BE CERTAIN AND ITS APPLICATION FORESEEABLE BY THOSE SUBJECT TO IT.THAT REQUIREMENT OF LEGAL CERTAINTY MUST BE OBSERVED ALL THE MORE STRICTLY IN THE CASE OF RULES LIABLE TO ENTAIL FINANCIAL CONSEQUENCES, IN ORDER THAT THOSE CONCERNED MAY KNOW PRECISELY THE EXTENT OF THE OBLIGATIONS WHICH THEY IMPOSE ON THEM .

1987-12-15

61989CJ0033

Maria Kowalska v Freie und Hansestadt Hamburg.

1990-06-27

12 The prohibition of discrimination between male and female workers contained in that provision, being mandatory, not only applies to the action of public authorities but extends also to all agreements which are intended to regulate paid labour collectively, as well as to contracts between individuals ( see judgment of 8 April 1976 in Case 43/75 Defrenne v Sabena (( 1976 )) ECR 455, paragraph 39 ).

61975CJ0043

Gabrielle Defrenne v Société anonyme belge de navigation aérienne Sabena.

39 IN FACT , SINCE ARTICLE 119 IS MANDATORY IN NATURE , THE PROHIBITION ON DISCRIMINATION BETWEEN MEN AND WOMEN APPLIES NOT ONLY TO THE ACTION OF PUBLIC AUTHORITIES , BUT ALSO EXTENDS TO ALL AGREEMENTS WHICH ARE INTENDED TO REGULATE PAID LABOUR COLLECTIVELY , AS WELL AS TO CONTRACTS BETWEEN INDIVIDUALS .

1976-04-08

61999CJ0382

Kingdom of the Netherlands v Commission of the European Communities.

2002-06-13

61 Moreover, according to settled case-law, Article 92(1) does not distinguish between measures of State intervention by reference to their causes or aims but defines them in relation to their effects (Case 173/73 Italy v Commission [1974] ECR 709, paragraph 27 and Case C-241/94 France v Commission [1996] ECR I-4551, paragraph 20).

61994CJ0241

French Republic v Commission of the European Communities.

20 According to settled case-law, Article 92(1) does not distinguish between measures of State intervention by reference to their causes or aims but defines them in relation to their effects (Case 173/73 Italy v Commission [1974] ECR 709, paragraph 13).

1996-09-26

61999CJ0385

V.G. Müller-Fauré v Onderlinge Waarborgmaatschappij OZ Zorgverzekeringen UA and E.E.M. van Riet v Onderlinge Waarborgmaatschappij ZAO Zorgverzekeringen.

2003-05-13

76. As regards hospital services, such as those provided to Ms Van Riet in Deurne hospital, the Court, in paragraphs 76 to 80 of the judgment in Smits and Peerbooms , made the following findings.

61999CJ0157

B.S.M. Geraets-Smits v Stichting Ziekenfonds VGZ and H.T.M. Peerbooms v Stichting CZ Groep Zorgverzekeringen.

77 As may be seen, in particular, from the contracting system involved in the main proceedings, this kind of planning therefore broadly meets a variety of concerns.

2001-07-12

61999CJ0385

V.G. Müller-Fauré v Onderlinge Waarborgmaatschappij OZ Zorgverzekeringen UA and E.E.M. van Riet v Onderlinge Waarborgmaatschappij ZAO Zorgverzekeringen.

2003-05-13

76. As regards hospital services, such as those provided to Ms Van Riet in Deurne hospital, the Court, in paragraphs 76 to 80 of the judgment in Smits and Peerbooms , made the following findings.

61999CJ0157

B.S.M. Geraets-Smits v Stichting Ziekenfonds VGZ and H.T.M. Peerbooms v Stichting CZ Groep Zorgverzekeringen.

78 For one thing, it seeks to achieve the aim of ensuring that there is sufficient and permanent access to a balanced range of high-quality hospital treatment in the State concerned.

2001-07-12

61989CJ0033

Maria Kowalska v Freie und Hansestadt Hamburg.

1990-06-27

9 As the Court has held, the concept of pay, within the meaning of the second paragraph of Article 119 of the EEC Treaty, comprises any other consideration, whether in cash or kind, whether immediate or future, provided that the worker receives it, albeit indirectly, from his employer in respect of his employment ( see most recently the judgment of 17 May 1990 in Case C-262/88 Barber v Guardian Royal Exchange Assurance Group (( 1990 )) ECR I-1889, paragraph 12 ). 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 .

61988CJ0262

Douglas Harvey Barber v Guardian Royal Exchange Assurance Group.

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 .

1990-05-17

61989CJ0044

Georg von Deetzen v Hauptzollamt Oldenburg.

1991-10-22

12 It must be remembered that in its judgments of 11 December 1990 in Case C-189/89 Spagl v Hauptzollamt Rosenheim [1990] ECR I-4539, paragraph 30, and Case C-217/89 Pastaetter v Hauptzollamt Bad Reichenhall [1990] ECR I-4585, paragraph 21, the Court held that "Article 3a(2) of Council Regulation (EEC) No 857/84 of 31 March 1984, as amended by Council Regulation (EEC) No 764/89 of 20 March 1989, is invalid in so far as it restricts the special reference quantity provided for in that provision to 60% of the quantity of milk delivered or the quantity of milk equivalent sold by the producer during the 12 calendar months preceding the month in which the application for the non-marketing or conversion premium was made".

61989CJ0189

Karl Spagl v Hauptzollamt Rosenheim.

30 For those reasons it must be stated in reply to the second question that Article 3a(2 ) of Council Regulation No 857/84 of 31 March 1984, as amended by Council Regulation No 764/89 of 20 March 1989, is invalid in so far as it restricts the special reference quantity provided for in that provision to 60% of the quantity of milk delivered or the quantity of milk equivalent sold by the producer during the 12 calendar months preceding the month in which the application for the non-marketing or conversion premium was made .

1990-12-11

61989CJ0044

Georg von Deetzen v Hauptzollamt Oldenburg.

1991-10-22

12 It must be remembered that in its judgments of 11 December 1990 in Case C-189/89 Spagl v Hauptzollamt Rosenheim [1990] ECR I-4539, paragraph 30, and Case C-217/89 Pastaetter v Hauptzollamt Bad Reichenhall [1990] ECR I-4585, paragraph 21, the Court held that "Article 3a(2) of Council Regulation (EEC) No 857/84 of 31 March 1984, as amended by Council Regulation (EEC) No 764/89 of 20 March 1989, is invalid in so far as it restricts the special reference quantity provided for in that provision to 60% of the quantity of milk delivered or the quantity of milk equivalent sold by the producer during the 12 calendar months preceding the month in which the application for the non-marketing or conversion premium was made".

61989CJ0217

Josef Pastätter v Hauptzollamt Bad Reichenhall.

21 For those reasons it must be stated in reply to the question submitted that Article 3a(2 ) of Council Regulation No 857/84 of 31 March 1984, as amended by Council Regulation No 764/89 of 20 March 1989, is invalid in so far as it restricts the special reference quantity provided for in that provision to 60% of the quantity of milk delivered or the quantity of milk equivalent sold by the producer during the 12 calendar months preceding the month in which the application for the non-marketing or conversion premium was made .

1990-12-11

61989CJ0044

Georg von Deetzen v Hauptzollamt Oldenburg.

1991-10-22

13 In the grounds of the judgments cited above, the Court found, essentially, that the application to the producers covered by Article 3a of a reduction rate of 40% which, far from corresponding to a value that was representative of the rates applicable to the producers who had delivered milk during the reference year adopted by the Member State concerned, was more than double the highest total of such rates, was to be regarded as a restriction which specifically affected the first-mentioned category of producers by the very reason of their undertaking as to non-marketing or conversion. It followed that the contested 60% rule frustrated the legitimate expectations which the producers concerned were entitled to entertain as to the limited nature of their undertakings and therefore had to be declared invalid for breach of the principle of the protection of legitimate expectations (Spagl, paragraphs 24 and 29; Pastaetter, paragraphs 15 and 20).

61989CJ0189

Karl Spagl v Hauptzollamt Rosenheim.

24 In those circumstances, the application to the producers covered by Article 3a of a reduction of 40% which, far from being representative of the rates applicable to the producers covered by Article 2, is more than double the highest total of such rates, must be regarded as a restriction which specifically affects the first-mentioned category of producers by very reason of their undertaking as to non-marketing or conversion .

1990-12-11

61999CJ0385

V.G. Müller-Fauré v Onderlinge Waarborgmaatschappij OZ Zorgverzekeringen UA and E.E.M. van Riet v Onderlinge Waarborgmaatschappij ZAO Zorgverzekeringen.

2003-05-13

76. As regards hospital services, such as those provided to Ms Van Riet in Deurne hospital, the Court, in paragraphs 76 to 80 of the judgment in Smits and Peerbooms , made the following findings.

61999CJ0157

B.S.M. Geraets-Smits v Stichting Ziekenfonds VGZ and H.T.M. Peerbooms v Stichting CZ Groep Zorgverzekeringen.

80 From both those perspectives, a requirement that the assumption of costs, under a national social security system, of hospital treatment provided in another Member State must be subject to prior authorisation appears to be a measure which is both necessary and reasonable.

2001-07-12

61999CJ0413

Baumbast and R v Secretary of State for the Home Department.

2002-09-17

82 Under Article 17(1) EC, every person holding the nationality of a Member State is to be a citizen of the Union. Union citizenship is destined to be the fundamental status of nationals of the Member States (see, to that effect, Case C-184/99 Grzelczyk [2001] ECR I-6193, paragraph 31).

61999CJ0184

Rudy Grzelczyk v Centre public d'aide sociale d'Ottignies-Louvain-la-Neuve.

31 Union citizenship is destined to be the fundamental status of nationals of the Member States, enabling those who find themselves in the same situation to enjoy the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for.

2001-09-20

61999CJ0424

Commission of the European Communities v Republic of Austria.

2001-11-27

19 As a preliminary point it should first be stated that, according to settled case-law, the application must be based on the same grounds and arguments as the reasoned opinion (see, in particular, Case 290/87 Commission v Netherlands [1989] ECR 3083, paragraph 8).

61987CJ0290

Commission of the European Communities v Kingdom of the Netherlands.

8 The Court has consistently held that an application must be founded on the same grounds and submissions as the reasoned opinion ( see the judgment of 15 December 1982 in Case 211/81 Commission v Denmark (( 1982 )) ECR 4547, in particular paragraph 14 ).

1989-10-05

61989CJ0044

Georg von Deetzen v Hauptzollamt Oldenburg.

1991-10-22

13 In the grounds of the judgments cited above, the Court found, essentially, that the application to the producers covered by Article 3a of a reduction rate of 40% which, far from corresponding to a value that was representative of the rates applicable to the producers who had delivered milk during the reference year adopted by the Member State concerned, was more than double the highest total of such rates, was to be regarded as a restriction which specifically affected the first-mentioned category of producers by the very reason of their undertaking as to non-marketing or conversion. It followed that the contested 60% rule frustrated the legitimate expectations which the producers concerned were entitled to entertain as to the limited nature of their undertakings and therefore had to be declared invalid for breach of the principle of the protection of legitimate expectations (Spagl, paragraphs 24 and 29; Pastaetter, paragraphs 15 and 20).

61989CJ0189

Karl Spagl v Hauptzollamt Rosenheim.

29 It follows that the contested 60% rule likewise infringes the legitimate expectations which the producers concerned were entitled to entertain as to the limited nature of their undertakings . The contested provision must therefore be declared void for breach of the principle of the protection of legitimate expectations, and it is unnecessary therefore to consider the other arguments concerning its validity made in the course of the proceedings .

1990-12-11

61989CJ0044

Georg von Deetzen v Hauptzollamt Oldenburg.

1991-10-22

20 In those judgments, the Court found, first, that a producer who has voluntarily ceased production for a certain period cannot legitimately expect to be able to resume production under the same conditions as those which previously applied and not to be subject to any rules of market or structural policy adopted in the meantime (Mulder, paragraph 23; von Deetzen, paragraph 12), but, on the other hand, that where such a producer has been encouraged by a Community measure to suspend marketing for a limited period in the general interest and against payment of a premium he may legitimately expect not to be subject, upon the expiry of his undertaking, to restrictions which specifically affect him precisely because he availed himself of the possibilities offered by the Community provisions (Mulder, paragraph 24; von Deetzen, paragraph 13).

61986CJ0120

J. Mulder v Minister van Landbouw en Visserij.

23 A CET EGARD, IL CONVIENT D' ADMETTRE, AINSI QUE LE GOUVERNEMENT NEERLANDAIS ET LA COMMISSION L' ONT FAIT OBSERVER AVEC RAISON, QU' UN OPERATEUR AYANT LIBREMENT ARRETE SA PRODUCTION PENDANT UN CERTAIN TEMPS NE PEUT PAS LEGITIMEMENT S' ATTENDRE A POUVOIR REPRENDRE LA PRODUCTION DANS LES MEMES CONDITIONS QUE CELLES QUI PREVALAIENT AUPARAVANT ET A NE PAS ETRE SOUMIS A D' EVENTUELLES REGLES, ENTRE-TEMPS ARRETEES, RELEVANT DE LA POLITIQUE DES MARCHES OU DE LA POLITIQUE DES STRUCTURES .

1988-04-28

61989CJ0044

Georg von Deetzen v Hauptzollamt Oldenburg.

1991-10-22

20 In those judgments, the Court found, first, that a producer who has voluntarily ceased production for a certain period cannot legitimately expect to be able to resume production under the same conditions as those which previously applied and not to be subject to any rules of market or structural policy adopted in the meantime (Mulder, paragraph 23; von Deetzen, paragraph 12), but, on the other hand, that where such a producer has been encouraged by a Community measure to suspend marketing for a limited period in the general interest and against payment of a premium he may legitimately expect not to be subject, upon the expiry of his undertaking, to restrictions which specifically affect him precisely because he availed himself of the possibilities offered by the Community provisions (Mulder, paragraph 24; von Deetzen, paragraph 13).

61986CJ0120

J. Mulder v Minister van Landbouw en Visserij.

24 IL N' EN RESTE PAS MOINS QU' UN TEL OPERATEUR, LORSQU' IL A, COMME EN L' ESPECE, ETE INCITE, PAR UN ACTE DE LA COMMUNAUTE, A SUSPENDRE LA COMMERCIALISATION POUR UNE PERIODE LIMITEE, DANS L' INTERET GENERAL ET CONTRE PAIEMENT D' UNE PRIME, PEUT LEGITIMEMENT S' ATTENDRE A NE PAS ETRE SOUMIS, A LA FIN DE SON ENGAGEMENT, A DES RESTRICTIONS QUI L' AFFECTENT DE MANIERE SPECIFIQUE EN RAISON PRECISEMENT DU FAIT QU' IL AVAIT FAIT USAGE DES POSSIBILITES OFFERTES PAR LA REGLEMENTATION COMMUNAUTAIRE .

1988-04-28

61989CJ0044

Georg von Deetzen v Hauptzollamt Oldenburg.

1991-10-22

20 In those judgments, the Court found, first, that a producer who has voluntarily ceased production for a certain period cannot legitimately expect to be able to resume production under the same conditions as those which previously applied and not to be subject to any rules of market or structural policy adopted in the meantime (Mulder, paragraph 23; von Deetzen, paragraph 12), but, on the other hand, that where such a producer has been encouraged by a Community measure to suspend marketing for a limited period in the general interest and against payment of a premium he may legitimately expect not to be subject, upon the expiry of his undertaking, to restrictions which specifically affect him precisely because he availed himself of the possibilities offered by the Community provisions (Mulder, paragraph 24; von Deetzen, paragraph 13).

61986CJ0170

Georg von Deetzen v Hauptzollamt Hamburg-Jonas.

12 A CET EGARD, IL CONVIENT D' ADMETTRE, AINSI QUE LA COMMISSION L' A FAIT OBSERVER AVEC RAISON, QU' UN OPERATEUR AYANT LIBREMENT ARRETE SA PRODUCTION PENDANT UN CERTAIN TEMPS NE PEUT PAS LEGITIMEMENT S' ATTENDRE A POUVOIR REPRENDRE LA PRODUCTION DANS LES MEMES CONDITIONS QUE CELLES QUI PREVALAIENT AUPARAVANT, ET A NE PAS ETRE SOUMIS A D' EVENTUELLES REGLES, ENTRE-TEMPS ARRETEES, RELEVANT DE LA POLITIQUE DES MARCHES OU DE LA POLITIQUE DES STRUCTURES .

1988-04-28

61999CJ0430

Inspecteur van de Belastingdienst Douane, district Rotterdam v Sea-Land Service Inc. and Nedlloyd Lijnen BV.

2002-06-13

31 Moreover, it follows from Articles 1(3) and 8 of Regulation No 4055/86 that the regulation makes applicable to the matters covered by the regulation the whole of the Treaty rules relating to freedom to provide services (see, to that effect, Commission v France, paragraphs 11 to 13).

61993CJ0381

Commission of the European Communities v French Republic.

12 Finally, under Article 1(3) of Regulation No 4055/86, the provisions of Articles 55 to 58 and 62 of the Treaty are to apply to those types of maritime transport.

1994-10-05

61999CJ0430

Inspecteur van de Belastingdienst Douane, district Rotterdam v Sea-Land Service Inc. and Nedlloyd Lijnen BV.

2002-06-13

31 Moreover, it follows from Articles 1(3) and 8 of Regulation No 4055/86 that the regulation makes applicable to the matters covered by the regulation the whole of the Treaty rules relating to freedom to provide services (see, to that effect, Commission v France, paragraphs 11 to 13).

61993CJ0381

Commission of the European Communities v French Republic.

13 Paragraph 13 of Regulation No 4055/86 thus renders applicable to the sphere of maritime transport between Member States the totality of the Treaty rules governing the freedom to provide services.

1994-10-05

61999CJ0439

Commission of the European Communities v Italian Republic.

2002-01-15

12 Second, the reasoned opinion must contain a cogent and detailed exposition of the reasons which led the Commission to the conclusion that the Member State concerned had failed to fulfil one of its obligations under the Treaty (see, in particular, Case C-207/96 Commission v Italy [1997] ECR I-6869, paragraph 18).

61996CJ0207

Commission of the European Communities v Italian Republic.

18 The Court has also held that the reasoned opinion must contain a cogent and detailed exposition of the reasons which led the Commission to the conclusion that the Member State concerned had failed to fulfil one of its obligations under the Treaty (Commission v Germany, paragraph 24).

1997-12-04

61989CJ0044

Georg von Deetzen v Hauptzollamt Oldenburg.

1991-10-22

20 In those judgments, the Court found, first, that a producer who has voluntarily ceased production for a certain period cannot legitimately expect to be able to resume production under the same conditions as those which previously applied and not to be subject to any rules of market or structural policy adopted in the meantime (Mulder, paragraph 23; von Deetzen, paragraph 12), but, on the other hand, that where such a producer has been encouraged by a Community measure to suspend marketing for a limited period in the general interest and against payment of a premium he may legitimately expect not to be subject, upon the expiry of his undertaking, to restrictions which specifically affect him precisely because he availed himself of the possibilities offered by the Community provisions (Mulder, paragraph 24; von Deetzen, paragraph 13).

61986CJ0170

Georg von Deetzen v Hauptzollamt Hamburg-Jonas.

13 IL N' EN RESTE PAS MOINS QU' UN TEL OPERATEUR, LORSQU' IL A, COMME EN L' ESPECE, ETE INCITE, PAR UN ACTE DE LA COMMUNAUTE, A SUSPENDRE LA COMMERCIALISATION POUR UNE PERIODE LIMITEE, DANS L' INTERET GENERAL ET CONTRE PAIEMENT D' UNE PRIME, PEUT LEGITIMEMENT S' ATTENDRE A NE PAS ETRE SOUMIS, A LA FIN DE SON ENGAGEMENT, A DES RESTRICTIONS SPECIFIQUES EN RAISON PRECISEMENT DU FAIT QU' IL AVAIT FAIT USAGE DES POSSIBILITES OFFERTES PAR LA REGLEMENTATION COMMUNAUTAIRE .

1988-04-28

61989CJ0045

Commission of the European Communities v Italian Republic.

1991-05-07

7 It should also be noted that, as the Court has already held in Case 2/84 Commission v Italy [1985] ECR 1127, at paragraph 16, combined carriage should be regarded as a single operation from the point of departure to the point of arrival.

61984CJ0002

Commission of the European Communities v Italian Republic.

16 IN VIEW OF THESE ARGUMENTS , IT MUST FIRST BE STATED THAT THE DIRECTIVE COVERS COMBINED RAIL/ROAD CARRIAGE BETWEEN TWO MEMBER STATES EVEN WHEN THE TERRITORY OF ONE OR MORE NON-MEMBER COUNTRIES IS CROSSED . SINCE THE CARRIAGE IS THUS REGARDED AS A SINGLE OPERATION FROM THE POINT OF DEPARTURE TO THE POINT OF ARRIVAL , THE FACT THAT THE DIRECTIVE DOES NOT CONTAIN ANY EXCEPTION FOR THE CASE IN WHICH ONE OF THE STATIONS USED IS SITUATED IN A NON-MEMBER COUNTRY IN FACT MILITATES IN FAVOUR OF THE COMMISSION ' S INTERPRETATION .

1985-03-28

61989CJ0049

Corsica Ferries France v Direction générale des douanes françaises.

1989-12-13

10 Although Article 59, guaranteeing freedom to provide services within the Community, has been directly and unconditionally applicable since the expiry of the transitional period provided for in Article 8 of the Treaty, under Article 61(1 ) of the Treaty freedom to provide services in the field of transport is to be governed by the provisions of the title relating to transport ( see the judgments of 30 April 1986 in Joined Cases 209 to 213/84 Ministère public v Asjes (( 1986 )) ECR 1457 and of 13 July 1989 in Case 4/88 Lambregts Transportbedrijf v Belgian State (( 1989 )) ECR 2583, paragraphs 8 and 9 ).

61988CJ0004

Lambregts Transportbedrijf PVBA v Belgian State.

8 It should first be pointed out that Article 59, guaranteeing the freedom to provide services within the Community, became directly and unconditionally applicable on the expiry of the transitional period indicated in Article 8 of the Treaty, as the Court pointed out in its judgment of 17 December 1981 Case 279/80 Webb (( 1981 )) ECR 3305 . In that judgment, the Court also pointed out that that freedom involved the abolition of all discrimination against the person providing the service by reason of the fact that he is established in a Member State other than that in which the service is to be provided .

1989-07-13

61989CJ0049

Corsica Ferries France v Direction générale des douanes françaises.

1989-12-13

10 Although Article 59, guaranteeing freedom to provide services within the Community, has been directly and unconditionally applicable since the expiry of the transitional period provided for in Article 8 of the Treaty, under Article 61(1 ) of the Treaty freedom to provide services in the field of transport is to be governed by the provisions of the title relating to transport ( see the judgments of 30 April 1986 in Joined Cases 209 to 213/84 Ministère public v Asjes (( 1986 )) ECR 1457 and of 13 July 1989 in Case 4/88 Lambregts Transportbedrijf v Belgian State (( 1989 )) ECR 2583, paragraphs 8 and 9 ).

61988CJ0004

Lambregts Transportbedrijf PVBA v Belgian State.

9 However, it should be observed that under Article 61(1 ) of the Treaty, freedom to provide services in the field of transport is governed by the provisions of the title relating to transport, namely Article 74 et seq . of the Treaty . According to Article 75(1 ) of the Treaty, the Council is to lay down common rules applicable to international transport to or from the territory of a Member State or passing across the territory of one or more Member States, the conditions under which non-resident carriers may operate transport services within a Member State and any other appropriate provisions .

1989-07-13

61999CJ0441

Riksskatteverket v Soghra Gharehveran.

2001-10-18

10 It is not in dispute that, in the absence of any contrary indication in the Act of Accession, the Kingdom of Sweden was obliged to transpose the Directive at the latest by the date of its accession to the European Union, which was on 1 January 1995 (see, to this effect, the judgment in Case C-321/97 Andersson and Wåkerås-Andersson [1999] ECR I-3551, paragraphs 40 and 41). The Swedish legislation

61997CJ0321

Ulla-Brith Andersson and Susannne Wåkerås-Andersson v Svenska staten (Swedish State).

41 Since no time-limit for transposing Directive 80/987 was provided for in the Act of Accession, the directive should have been transposed in the new Member States by the date of accession.

1999-06-15

61999CJ0443

Merck, Sharp & Dohme GmbH v Paranova Pharmazeutika Handels GmbH.

2002-04-23

27 In contrast, the trade mark proprietor may oppose the repackaging if it is based solely on the parallel importer's attempt to secure a commercial advantage (see, to that effect, Upjohn, paragraph 44).

61997CJ0379

Pharmacia & Upjohn SA v Paranova A/S.

44 In contrast, the condition of necessity will not be satisfied if replacement of the trade mark is explicable solely by the parallel importer's attempt to secure a commercial advantage.

1999-10-12

61999CJ0451

Cura Anlagen GmbH v Auto Service Leasing GmbH (ASL).

2002-03-21

30 Article 49 EC likewise precludes the application of any national legislation which has the effect of making the provision of services between Member States more difficult than the provision of services purely within one Member State (Commission v France, cited above, paragraph 17).

61993CJ0381

Commission of the European Communities v French Republic.

17 In the perspective of a single market and in order to permit the realization of its objectives, that freedom likewise precludes the application of any national legislation which has the effect of making the provision of services between Member States more difficult than the provision of services purely within one Member State.

1994-10-05

61999CJ0459

Mouvement contre le racisme, l'antisémitisme et la xénophobie ASBL (MRAX) v Belgian State.

2002-07-25

58 First, in the absence of a valid identity card or passport, documents which are intended to enable their holder to provide proof of his identity and nationality (see, to that effect, in particular Case C-376/89 Giagounidis [1991] ECR I-1069, paragraphs 14 and 15), the person concerned cannot as a rule properly prove his identity or, consequently, his family ties.

61989CJ0376

Panagiotis Giagounidis v Stadt Reutlingen.

15 Since a national identity card contains all the information for proving the holder' s identity and nationality, it fulfils that requirement, even if it does not authorize the person concerned to leave the territory of the issuing Member State.

1991-03-05

61989CJ0058

Commission of the European Communities v Federal Republic of Germany.

1991-10-17

13 It should be borne in mind in this regard that, as the Court has consistently held (see in particular the judgment in Case C-131/88 Commission v Germany [1991] ECR I-825, paragraph 6), the transposition of a directive into domestic law does not necessarily require that its provisions be incorporated formally and verbatim in express, specific legislation; a general legal context may, depending on the content of the directive, be adequate for the purpose provided that it does indeed guarantee the full application of the directive in a sufficiently clear and precise manner so that, where the directive is intended to create rights for individuals, the persons concerned can ascertain the full extent of their rights and, where appropriate, rely on them before the national courts.

61988CJ0131

Commission of the European Communities v Federal Republic of Germany.

6 It should be pointed out first of all that according to the case-law of the Court (see, in particular, the judgment in Case 363/85 Commission v Italy [1987] ECR 1733), the transposition of a directive into domestic law does not necessarily require that its provisions be incorporated formally and verbatim in express, specific legislation; a general legal context may, depending on the content of the directive, be adequate for the purpose provided that it does indeed guarantee the full application of the directive in a sufficiently clear and precise manner so that, where the directive is intended to create rights for individuals, the persons concerned can ascertain the full extent of their rights and, where appropriate, rely on them before the national courts.

1991-02-28

61989CJ0059

Commission of the European Communities v Federal Republic of Germany.

1991-05-30

28 It should be pointed out in that respect that the fact that a practice is in conformity with the requirements of a directive may not constitute a reason for not transposing that directive into national law by provisions capable of creating a situation which is sufficiently precise, clear and transparent to enable individuals to ascertain their rights and obligations. As the Court held in its judgment in Case 339/87 Commission v Netherlands [1990] ECR I-851, paragraph 25, 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.

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

61989CJ0060

Criminal proceedings against Jean Monteil and Daniel Samanni.

1991-03-21

12 It should be added that those two definitions cannot be regarded as strictly distinct from each other. As is stated in paragraph 22 of the judgment in Case 227/82 Van Bennekom [1983] ECR 3883, a substance which is endowed with "properties for treating or preventing disease in human beings or animals" within the meaning of the first Community definition but is not "presented" as such falls within the scope of the second Community definition of a medicinal product.

61982CJ0227

Criminal proceedings against Leendert van Bennekom.

22 IT IS APPARENT IN THIS CONNECTION THAT A SUBSTANCE WHICH IS ENDOWED WITH PROPERTIES ' ' FOR TREATING OR PREVENTING DISEASE IN HUMAN BEINGS OR ANIMALS ' ' WITHIN THE MEANING OF THE FIRST PART OF THE COMMUNITY DEFINITION , BUT WHICH IS NOT ' ' PRESENTED ' ' AS SUCH , FALLS IN PRINCIPLE WITHIN THE SCOPE OF THE SECOND PART OF THE COMMUNITY DEFINITION OF A MEDICINAL PRODUCT .

1983-11-30

61989CJ0060

Criminal proceedings against Jean Monteil and Daniel Samanni.

1991-03-21

39 However, a monopoly for pharmacists may be justified by one of the general interests mentioned in Article 36 of the Treaty, which include the protection of health and life of humans. Moreover, since in principle it applies without distinction to domestic and imported products, that monopoly may also be justified on grounds of consumer protection, which, as the Court has held, is one of the imperative requirements which may justify a measure liable to hinder intra-Community trade (judgment in Case 25/88 Wurmser [1989] ECR 1105, at paragraph 10).

61988CJ0025

Criminal proceedings against Esther Renée Bouchara, née Wurmser, and Norlaine SA.

10 In that regard, it should first be noted that among the general interests expressly protected by the national provision at issue in the main proceedings, only the protection of the health and safety of persons is covered by Article 36 . On the other hand, fair trading and consumer protection are among the imperative requirements which, in accordance with a line of decisions of the Court ( see, initially, the judgment of 20 February 1979 in Case 120/78 Rewe v Bundesmonopolverwaltung fuer Branntwein (( 1979 )) ECR 649 (" Cassis de Dijon ") ), may justify a measure liable to hinder intra-Community trade, on condition that that measure is applied without distinction to domestic and imported products .

1989-05-11

61999CJ0459

Mouvement contre le racisme, l'antisémitisme et la xénophobie ASBL (MRAX) v Belgian State.

2002-07-25

76 Under Article 4(3) of Directive 68/360 and Article 6 of Directive 73/148, a Member State may make issue of a residence permit conditional upon production of the document with which the person concerned entered its territory (see Roux, cited above, paragraphs 14 and 15).

61989CJ0363

Danielle Roux v Belgian State.

15 Moreover, under Article 6 of Directive 73/148 the Member States may not require, for the issue of a residence permit to a self-employed person, anything other than the production of one of the abovementioned identity documents, and proof that the person concerned "comes within one of the classes of person referred to in Articles 1 and 4".

1991-02-05

61999CJ0483

Commission of the European Communities v French Republic.

2002-06-04

36 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

61999CJ0503

Commission of the European Communities v Kingdom of Belgium.

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

61989CJ0063

Les Assurances du Crédit SA and Compagnie Belge d'Assurance Crédit SA v Council of the European Communities and Commission of the European Communities.

1991-04-18

11 It is because of that difficulty in particular that the competent Community institutions must be recognized as enjoying a discretion in relation to the stages in which harmonization is to take place, having regard to the particular nature of the field subject to coordination, as the Court of Justice has, moreover, already ruled in relation to harmonizing directives adopted on the basis of other provisions of the Treaty (see the judgment in Case 37/83, REWE-Zentrale v Landwirtschaftskammer Rheinland, [1984] ECR 1229, paragraph 20).

61983CJ0037

Rewe-Zentral AG v Direktor der Landwirtschaftskammer Rheinland.

20 IT MUST BE RECOGNIZED THAT IN THE EXERCISE OF THE POWERS CONFERRED ON THEM IN THIS RESPECT BY ARTICLES 43 AND 100 OF THE TREATY , THE COMMUNITY INSTITUTIONS HAVE A DISCRETION IN PARTICULAR WITH REGARD TO THE POSSIBILITY OF PROCEEDING TOWARDS HARMONIZATION ONLY IN STAGES AND OF REQUIRING ONLY THE GRADUAL ABOLITION OF UNILATERAL MEASURES ADOPTED BY THE MEMBER STATES . IN VIEW OF THE PARTICULAR NATURE OF THE PROBLEM AS DESCRIBED IN THE AFOREMENTIONED RECITALS IN THE PREAMBLE TO THE DIRECTIVE AND IN VIEW OF THE VERY INCOMPLETE NATURE OF THE HARMONIZATION EFFECTED THEREBY , IT HAS BY NO MEANS BEEN SHOWN THAT THE COUNCIL , BY PERMITTING IN THE CONTESTED PROVISION INSPECTION BY SAMPLING OF UP TO ONE-THIRD OF CONSIGNMENTS , HAS EXCEEDED THE LIMITS OF ITS DISCRETIONARY POWER .

1984-02-29

61989CJ0067

Alfons Berkenheide v Hauptzollamt Münster.

1990-06-27

14 As the Court has held, most recently in its judgment of 27 June 1989 in Case 113/88 Leukhardt v Hauptzollamt Reutlingen (( 1989 )) ECR 1991, paragraph 13 ), the structure and purpose of the regulations on the additional levy indicate that they contain an exhaustive list of the situations in which reference quantities or individual quantities may be granted and set out precise rules concerning the determination of those quantities .

61988CJ0113

Karl Leukhardt v Hauptzollamt Reutlingen.

13 As the Court held in its judgment of 17 May 1988 in Case 84/87 Erpelding (( 1988 )) ECR 2647, the structure and purpose of the regulations concerned indicate that they contain an exhaustive list of the situations in which reference quantities or individual quantities may be granted and set out precise rules concerning the determination of those quantities . Since none of those provisions makes it possible for producers to obtain reference to milk deliveries made by them outside the 1981 to 1983 period it must be held that such an option is excluded, even in cases where the persons concerned had no representative production throughout that period .

1989-06-27

61989CJ0069

Nakajima All Precision Co. Ltd v Council of the European Communities.

1991-05-07

108 In this connection, it should be recalled at the outset that, according to established case-law, the rights of the defence are respected if the undertaking concerned has been afforded the opportunity during the administrative procedure to make known its views on the truth and relevance of the facts and circumstances alleged and, if necessary, on the documents used (see, for example, the judgment in Case 85/76 Hoffmann-La Roche & Co. AG v Commission [1979] ECR 461, at paragraph 11).

61976CJ0085

Hoffmann-La Roche & Co. AG v Commission of the European Communities.

11THUS IT EMERGES FROM THE PROVISIONS QUOTED ABOVE AND ALSO FROM THE GENERAL PRINCIPLE TO WHICH THEY GIVE EFFECT THAT IN ORDER TO RESPECT THE PRINCIPLE OF THE RIGHT TO BE HEARD THE UNDERTAKINGS CONCERNED MUST HAVE BEEN AFFORDED THE OPPORTUNITY DURING THE ADMINISTRATIVE PROCEDURE TO MAKE KNOWN THEIR VIEWS ON THE TRUTH AND RELEVANCE OF THE FACTS AND CIRCUMSTANCES ALLEGED AND ON THE DOCUMENTS USED BY THE COMMISSION TO SUPPORT ITS CLAIM THAT THERE HAS BEEN AN INFRINGEMENT OF ARTICLE 86 OF THE TREATY .

1979-02-13

61989CJ0069

Nakajima All Precision Co. Ltd v Council of the European Communities.

1991-05-07

113 In any event, the fact that a different method of calculating the constructed normal value may have been applied under the previous legislation is irrelevant in this case since economic agents may not claim a right to have rules applied to them which may be altered by decisions taken by the Community institutions in the exercise of their powers (see, for example, the judgment in Case 256/84 Koyo Seiko Company Limited v Council [1987] ECR 1899, at paragraph 20).

61984CJ0256

Koyo Seiko Company Limited v Council of the European Communities.

20 CONSEQUENTLY, AS THE COURT HELD IN ITS JUDGMENT OF 28 OCTOBER 1982 IN CASE 52/81 FAUST V COMMISSION (( 1982 )) ECR 3745, WHERE THE INSTITUTIONS ENJOY A MARGIN OF DISCRETION IN THE CHOICE OF THE MEANS NEEDED TO ACHIEVE THEIR POLICIES, TRADERS CANNOT CLAIM TO HAVE A LEGITIMATE EXPECTATION THAT THE MEANS ORIGINALLY CHOSEN WILL BE MAINTAINED, SINCE THESE MAY BE ALTERED BY THE INSTITUTIONS IN THE EXERCISE OF THEIR POWERS .

1987-05-07

61999CJ0512

Federal Republic of Germany v Commission of the European Communities.

2003-01-21

45. In that context, no new legal situation can be said to have been established before the final step in that procedure has been taken. It is only then that, through approval or rejection by the Commission, a measure likely to affect the earlier legal situation arises (Case C-319/97 Kortas [1999] ECR I-3143, paragraphs 27 and 28).

61997CJ0319

Criminal proceedings against Antoine Kortas.

27 The aim of the procedure under that provision is to ensure that no Member State applies national rules derogating from the harmonised legislation without obtaining due confirmation from the Commission.

1999-06-01

62000CJ0006

Abfall Service AG (ASA) v Bundesminister für Umwelt, Jugend und Familie.

2002-02-27

35 It should be observed at the outset that the question of shipments of waste is regulated by the Regulation, in a harmonised manner, at Community level, in order to ensure the protection of the environment (Case C-324/99 DaimlerChrysler [2001] ECR I-9897, at paragraph 42).

61999CJ0324

DaimlerChrysler AG v Land Baden-Württemberg.

42 It therefore follows from the context in which the Regulation was adopted, from its nature, from the aims which it pursues and from its content, that it regulates in a harmonised manner, at Community level, the question of shipments of waste in order to ensure the protection of the environment.

2001-12-13

62000CJ0012

Commission of the European Communities v Kingdom of Spain.

2003-01-16

71. The Court has consistently held that Article 30 of the Treaty aims to prohibit all rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade (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

62000CJ0012

Commission of the European Communities v Kingdom of Spain.

2003-01-16

76. However, the need to alter the packaging or the labelling of imported products prevents such requirements from being selling arrangements within the meaning of the judgment in Keck and Mithouard (Case C-33/97 Colim [1999] ECR I-3175, paragraph 37).

61997CJ0033

Colim NV v Bigg's Continent Noord NV.

37 Furthermore, the need to alter the packaging or the labelling of imported products prevents such requirements from being treated as selling arrangements within the meaning of the judgment in Joined Cases C-267/91 and C-268/91 Keck and Mithouard [1993] ECR I-6097, paragraph 16.

1999-06-03

61989CJ0069

Nakajima All Precision Co. Ltd v Council of the European Communities.

1991-05-07

134 The applicant' s contentions, however, lack any foundation. It is sufficient to note that in this case Nakajima has been unable to satisfy the requirements laid down in the Court' s case-law (see in particular the judgment in Case C-323/88 SA Sermes v Directeur des Services des Douanes de Strasbourg [1990] ECR I-3027, at paragraph 33) with regard to proof of the existence of a misuse of powers, for it has failed to indicate, on the basis of objective, relevant and conclusive evidence, the circumstances and reasons for presuming that the measure in question was adopted in order to achieve purposes other than those for which it was intended.

61988CJ0323

SA Sermes v Directeur des services des douanes de Strasbourg.

33 A decision is vitiated by a misuse of powers only if it appears, on the basis of objective, relevant and consistent indications, to have been adopted in order to achieve purposes other than those for which it was intended ( judgment in Case C-198/87 Kerzmann v Court of Auditors [1989] ECR 2083 - see summary of the judgment, paragraph 2 ).

1990-07-11

61989CJ0069

Nakajima All Precision Co. Ltd v Council of the European Communities.

1991-05-07

14 On this point, it should be noted first of all that the Court has consistently held (see, in particular, the judgment in Case C-156/87 Gestetner Holdings plc v Council and Commission [1990] ECR I-781, at paragraph 69) that the statement of reasons required by Article 190 of the Treaty must disclose in a clear and unequivocal fashion the reasoning followed by the Community authority which adopted the measure in question in such a way as to make the persons concerned aware of the reasons for the measure and thus enable them to defend their rights, and to enable the Court to exercise its supervisory jurisdiction.

61987CJ0156

Gestetner Holdings plc v Council and Commission of the European Communities.

69 The Court has consistently held ( see in particular the judgment of 26 June 1986 in Case 203/85 Nicolet Instrument (( 1986 )) ECR 2049, paragraph 10 ) that the statement of reasons required by Article 190 of the Treaty must disclose in a clear and unequivocal fashion the reasoning followed by the Community authority which adopted the measure in question in such a way as to make the persons concerned aware of the reasons for the measure and thus enable them to defend their rights, and to enable the Court to exercise its supervisory jurisdiction .

1990-03-14

61989CJ0069

Nakajima All Precision Co. Ltd v Council of the European Communities.

1991-05-07

19 That conclusion is borne out by the fourth and thirty-third recitals in the preamble to the new basic regulation, which present the new wording of Article 2(3)(b)(ii) as a mere clarification of the version of that provision in the former basic regulation. Furthermore, the Council pointed out, without being contradicted, that the method of calculation to which Nakajima takes exception in the present case had already been applied by the Community authorities under the former basic regulation. Moreover, the Court has already ruled that there was nothing in Article 2(3)(b)(ii) of the former basic regulation which precluded the use of the profit normally realized by a company other than the one to which the anti-dumping investigation related as the reasonable margin of profit (judgment in Case 301/85 Sharp Corporation v Council [1988] ECR 5813, at paragraph 8).

61985CJ0301

Sharp Corporation v Council of the European Communities.

8 It must be pointed out in the first place that, under Article 2 ( 3 ) ( b ) ( ii ) of Regulation No 2176/84, in constructing the normal value the addition for profit should "as a general rule, and provided that a profit is normally realized on sales of products of the same general category on the domestic market of the country of origin ... not exceed such normal profit ". Nothing in that provision precludes the use of the profit normally realized by a company other than the one to which the anti-dumping investigation relates as the "reasonable margin of profit ".

1988-10-05

61989CJ0069

Nakajima All Precision Co. Ltd v Council of the European Communities.

1991-05-07

31 It follows that the new basic regulation, which the applicant has called in question, was adopted in order to comply with the international obligations of the Community, which, as the Court has consistently held, is therefore under an obligation to ensure compliance with the General Agreement and its implementing measures (see the judgments in Case 104/81 Hauptzollamt Mainz v Kupferberg [1982] ECR 3641, at paragraph 11, and in Case 266/81 SIOT v Ministero delle Finanze and Others [1983] ECR 731, at paragraph 28).

61981CJ0104

Hauptzollamt Mainz v C.A. Kupferberg & Cie KG a.A..

11 THE TREATY ESTABLISHING THE COMMUNITY HAS CONFERRED UPON THE INSTITUTIONS THE POWER NOT ONLY OF ADOPTING MEASURES APPLICABLE IN THE COMMUNITY BUT ALSO OF MAKING AGREEMENTS WITH NON-MEMBER COUNTRIES AND INTERNATIONAL ORGANIZATIONS IN ACCORDANCE WITH THE PROVISIONS OF THE TREATY . ACCORDING TO ARTICLE 228 ( 2 ) THESE AGREEMENTS ARE BINDING ON THE INSTITUTIONS OF THE COMMUNITY AND ON MEMBER STATES . CONSEQUENTLY , IT IS INCUMBENT UPON THE COMMUNITY INSTITUTIONS , AS WELL AS UPON THE MEMBER STATES , TO ENSURE COMPLIANCE WITH THE OBLIGATIONS ARISING FROM SUCH AGREEMENTS .

1982-10-26

62000CJ0012

Commission of the European Communities v Kingdom of Spain.

2003-01-16

86. However, where the difference is of minor importance, appropriate labelling should be sufficient to provide the purchaser or consumer with the necessary information (see, inter alia , Case C-269/89 Bonfait [1990] ECR I-4169, paragraph 15; Case C-383/97 van der Laan [1999] ECR I-731, paragraph 24; Geffroy , paragraph 23; and Guimont , paragraph 31).

61998CJ0448

Criminal proceedings against Jean-Pierre Guimont.

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).

2000-12-05

62000CJ0013

Commission of the European Communities v Ireland.

2002-03-19

5 An intervener has no standing to raise a plea of inadmissibility not set out in the forms of order sought by the defendant (see Case C-313/90 CIRFS and Others v Commission [1993] ECR I-1125, paragraphs 21 and 22, and Case C-225/91 Matra v Commission [1993] ECR I-3203, paragraphs 11 and 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

62000CJ0013

Commission of the European Communities v Ireland.

2002-03-19

5 An intervener has no standing to raise a plea of inadmissibility not set out in the forms of order sought by the defendant (see Case C-313/90 CIRFS and Others v Commission [1993] ECR I-1125, paragraphs 21 and 22, and Case C-225/91 Matra v Commission [1993] ECR I-3203, paragraphs 11 and 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

61989CJ0069

Nakajima All Precision Co. Ltd v Council of the European Communities.

1991-05-07

31 It follows that the new basic regulation, which the applicant has called in question, was adopted in order to comply with the international obligations of the Community, which, as the Court has consistently held, is therefore under an obligation to ensure compliance with the General Agreement and its implementing measures (see the judgments in Case 104/81 Hauptzollamt Mainz v Kupferberg [1982] ECR 3641, at paragraph 11, and in Case 266/81 SIOT v Ministero delle Finanze and Others [1983] ECR 731, at paragraph 28).

61981CJ0266

Società Italiana per l'Oleodotto Transalpino (SIOT) v Ministero delle finanze, Ministero della marina mercantile, Circoscrizione doganale di Trieste and Ente autonomo del porto di Trieste.

28 SINCE THAT PROVISION CANNOT HAVE DIRECT EFFECT IN THE FRAMEWORK OF COMMUNITY LAW FOR THE REASONS WHICH WERE STATED BY THE COURT IN ITS JUDGMENT OF 12 DECEMBER 1972 IN JOINED CASES 21 TO 24/72 , INTERNATIONAL FRUIT COMPANY V PRODUKTSCHAP VOOR GROENTEN EN FRUIT , ( 1972 ) ECR 1219 , AND WHICH ARE STILL VALID , INDIVIDUALS MAY NOT RELY UPON IT IN ORDER TO CHALLENGE THE IMPOSITION OF A CHARGE SUCH AS THE LOADING AND UNLOADING CHARGE ON GOODS IN TRANSIT TO AUSTRIA . THAT IN NO WAY AFFECTS THE COMMUNITY ' S OBLIGATION TO ENSURE THAT THE PROVISIONS OF GATT ARE OBSERVED IN ITS RELATIONS WITH NON-MEMBER STATES WHICH ARE PARTIES TO GATT .

1983-03-16

61989CJ0069

Nakajima All Precision Co. Ltd v Council of the European Communities.

1991-05-07

63 Next, so far as the application to Nakajima of the second method of calculation is concerned, it should be pointed out first of all that the Court has consistently held that Article 2(3)(b)(ii) of the former basic regulation, according to which a reasonable amount for SGA expenses had to be included in the constructed normal value, allowed the Community institutions a wide margin of discretion in evaluating that amount (see in particular the judgment in Joined Cases 260/85 and 106/86 TEC and Others v Council [1988] ECR 5855, at paragraph 33). That conclusion applies with equal validity to Article 2(3)(b)(ii) of the new basic regulation, the wording of which is identical, and applies in like manner to the taking of profits into account by the Community institutions for the purpose of constructing the normal value.

61985CJ0260

Tokyo Electric Company Ltd (TEC) and others v Council of the European Communities.

33 Article 2 ( 3 ) ( b ) ( ii ), according to which a "reasonable amount" for SGA expenses must be included in the constructed normal value, allows the Community institutions a margin of discretion in evaluating that amount . An interpretation to the effect that the SGA expenses cannot be determined by reference to the expenses incurred by a subsidiary company selling products other than electronic typewriters would deprive the institutions of any information indicative of the amount of those expenses . TEC has produced no evidence to indicate that the SGA expenses relating to the sale of other electronic products cannot provide valid guidance for calculation of SGA expenses incurred in respect of sales of electronic typewriters .

1988-10-05

61989CJ0069

Nakajima All Precision Co. Ltd v Council of the European Communities.

1991-05-07

64 Secondly, it is necessary to point out that the Court has already ruled that, according to the scheme of Regulation No 2176/84, cited above, "the purpose of constructing the normal value is to determine the selling price of a product as it would be if that product were sold in its country of origin or in the exporting country" and that "consequently, it is the expenses relating to sales on the domestic market which must be taken into account" (judgment in Case 250/85 Brother Industries Ltd v Council [1988] ECR 5683, at paragraph 18; judgment in Joined Cases 277/85 and 300/85 Canon Inc. and Others v Council [1988] ECR 5731, at paragraph 26; judgment in TEC, cited above, at paragraph 24; and judgment in Joined Cases 273/85 and 107/86 Silver Seiko Ltd and Others v Council [1988] ECR 5927, at paragraph 16). Since those principles have remained unchanged under the new basic regulation, that conclusion is equally valid for that regulation.

61985CJ0250

Brother Industries Ltd v Council of the European Communities.

18 In that connection, it must be borne in mind that, according to the scheme of Regulation No 2176/84, the purpose of constructing the normal value is to determine the selling price of a product as it would be if that product were sold in its country of origin or in the exporting country . Consequently, it is the expenses relating to sales on the domestic market which must be taken into account .

1988-10-05

61989CJ0069

Nakajima All Precision Co. Ltd v Council of the European Communities.

1991-05-07

64 Secondly, it is necessary to point out that the Court has already ruled that, according to the scheme of Regulation No 2176/84, cited above, "the purpose of constructing the normal value is to determine the selling price of a product as it would be if that product were sold in its country of origin or in the exporting country" and that "consequently, it is the expenses relating to sales on the domestic market which must be taken into account" (judgment in Case 250/85 Brother Industries Ltd v Council [1988] ECR 5683, at paragraph 18; judgment in Joined Cases 277/85 and 300/85 Canon Inc. and Others v Council [1988] ECR 5731, at paragraph 26; judgment in TEC, cited above, at paragraph 24; and judgment in Joined Cases 273/85 and 107/86 Silver Seiko Ltd and Others v Council [1988] ECR 5927, at paragraph 16). Since those principles have remained unchanged under the new basic regulation, that conclusion is equally valid for that regulation.

61985CJ0273

Silver Seiko Limited and others v Council of the European Communities.

16 As regards the first argument, it must be borne in mind that, according to the scheme of Regulation No 2176/84, the purpose of constructing the normal value is to determine the selling price of a product as it would be if that product were sold in its country of origin or in the exporting country . Consequently, it is the expenses relating to sales on the domestic market which must be taken into account .

1988-10-05

62000CJ0014

Commission of the European Communities v Italian Republic.

2003-01-16

68. The Court has consistently held that Article 30 of the Treaty aims to prohibit all rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade (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

62000CJ0014

Commission of the European Communities v Italian Republic.

2003-01-16

81. However, where the difference is of minor importance, appropriate labelling should be sufficient to provide the purchaser or consumer with the necessary information (see, inter alia , Case C-269/89 Bonfait [1990] ECR I-4169, paragraph 15; Case C-383/97 van der Laan [1999] ECR I-731, paragraph 24; Geffroy , paragraph 23; and Guimont , paragraph 31).

61998CJ0448

Criminal proceedings against Jean-Pierre Guimont.

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).

2000-12-05

61989CJ0069

Nakajima All Precision Co. Ltd v Council of the European Communities.

1991-05-07

64 Secondly, it is necessary to point out that the Court has already ruled that, according to the scheme of Regulation No 2176/84, cited above, "the purpose of constructing the normal value is to determine the selling price of a product as it would be if that product were sold in its country of origin or in the exporting country" and that "consequently, it is the expenses relating to sales on the domestic market which must be taken into account" (judgment in Case 250/85 Brother Industries Ltd v Council [1988] ECR 5683, at paragraph 18; judgment in Joined Cases 277/85 and 300/85 Canon Inc. and Others v Council [1988] ECR 5731, at paragraph 26; judgment in TEC, cited above, at paragraph 24; and judgment in Joined Cases 273/85 and 107/86 Silver Seiko Ltd and Others v Council [1988] ECR 5927, at paragraph 16). Since those principles have remained unchanged under the new basic regulation, that conclusion is equally valid for that regulation.

61985CJ0277

Canon Inc. and others v Council of the European Communities.

26 In that connection, it must be borne in mind that, according to the scheme of Regulation No 2176/84, the purpose of constructing the normal value is to determine the selling price of a product as it would be if that product were sold in its country of origin or in the exporting country . Consequently, it is the expenses relating to sales on the domestic market which must be taken into account .

1988-10-05

61989CJ0069

Nakajima All Precision Co. Ltd v Council of the European Communities.

1991-05-07

76 It is sufficient to note in this regard, as the Council pointed out during the written procedure, that the normal value must be constructed with reference to the conduct of other producers present on the market and upon the basis of a distinction between OEM and non-OEM sales, since marketing under a company' s own brand name involves appreciably higher costs than the sale of printers as OEM products. So far as concerns the account taken, for OEM sales, of the SGA expenses of vertically-integrated undertakings, the Council, in exercising the power of appraisal which it is recognized as having when evaluating complex economic situations (see, for example, the Court' s judgment in Case 258/84 Nippon Seiko KK v Council [1987] ECR 1923, at paragraph 21), was quite entitled to take the view that it was necessary to take account of the costs which a presence on the Japanese market would involve.

61984CJ0258

Nippon Seiko KK v Council of the European Communities.

21 IT SHOULD BE NOTED THAT THE CHOICE BETWEEN THE DIFFERENT METHODS OF CALCULATION SPECIFIED IN ARTICLE 2*(13)*(B ) OF REGULATION NO 3017/79 REQUIRES AN APPRAISAL OF COMPLEX ECONOMIC SITUATIONS . THE COURT MUST THEREFORE, AS IT HAS HELD IN PARTICULAR IN ITS JUDGMENT OF 11 JULY 1985 IN CASE 42/84 REMIA AND OTHERS V COMMISSION (( 1985 )) ECR 2545, LIMIT ITS REVIEW OF SUCH AN APPRAISAL TO VERIFYING WHETHER THE RELEVANT PROCEDURAL RULES HAVE BEEN COMPLIED WITH, WHETHER THE FACTS ON WHICH THE CHOICE IS BASED HAVE BEEN ACCURATELY STATED AND WHETHER THERE HAS BEEN A MANIFEST ERROR OF APPRAISAL OR A MISUSE OF POWERS .

1987-05-07

61989CJ0100

Peter Kaefer and Andréa Procacci v French State.

1990-12-12

24 That argument cannot be upheld . Since the time of the judgment to which the United Kingdom refers, the Court has on a number of occasions ruled on questions concerning the possible direct effect of certain stipulations in agreements concluded by the Community with non-member countries . Furthermore, it is settled case-law that the provisions of a Council decision produce direct effects in the legal relationships between the Member States and those subject to their jurisdiction inasmuch as, if they impose an unconditional and sufficiently clear and precise obligation on Member States, they thereby create individual rights which national courts must protect ( see the judgment in Case 9/70 Grad v Finanzamt Traunstein [1970] ECR 825, paragraph 9, and, as regards decisions adopted on the basis of an association agreement, the judgment in Case C-192/89 Sevince v Staatssecretaris van Justitie [1990] ECR I-3461 ).

61970CJ0009

Franz Grad v Finanzamt Traunstein.

9 IT IS APPARENT FROM THE FILE SUBMITTED BY THE FINANZGERICHT THAT THE QUESTION RELATES IN PARTICULAR TO THE SECOND OBLIGATION . THE SECOND OBLIGATION IS BY ITS NATURE MANDATORY AND GENERAL, ALTHOUGH THE PROVISION LEAVES OPEN THE DETERMINATION OF THE DATE ON WHICH IT BECOMES EFFECTIVE . IT THUS EXPRESSLY PROHIBITS THE MEMBER STATES FROM APPLYING THE COMMON SYSTEM OF TURNOVER TAX CONCURRENTLY WITH SPECIFIC TAXES LEVIED INSTEAD OF TURNOVER TAXES . THIS OBLIGATION IS UNCONDITIONAL AND SUFFICIENTLY CLEAR AND PRECISE TO BE CAPABLE OF PRODUCING DIRECT EFFECTS IN THE LEGAL RELATIONSHIPS BETWEEN THE MEMBER STATES AND THOSE SUBJECT TO THEIR JURISDICTION .

1970-10-06

62000CJ0016

Cibo Participations SA v Directeur régional des impôts du Nord-Pas-de-Calais.

2001-09-27

20 However, the Court has held that it is otherwise where the holding is accompanied by direct or indirect involvement in the management of the companies in which the holding has been acquired, without prejudice to the rights held by the holding company as shareholder (Polysar, paragraph 14, and Floridienne and Berginvest, paragraph 18).

61999CJ0142

Floridienne SA and Berginvest SA v Belgian State.

18 However, the Court has held that it is otherwise where the holding is accompanied by direct or indirect involvement in the management of the companies in which the holding has been acquired, without prejudice to the rights held by the holding company as shareholder (Polysar, paragraph 14).

2000-11-14

62000CJ0016

Cibo Participations SA v Directeur régional des impôts du Nord-Pas-de-Calais.

2001-09-27

33 On the other hand, the costs of those services are part of the taxable person's general costs and are, as such, cost components of an undertaking's products. Such services therefore do, in principle, have a direct and immediate link with the taxable person's business as a whole (see BLP Group, paragraph 25, Midland Bank, paragraph 31, and Abbey National, paragraphs 35 and 36).

61998CJ0408

Abbey National plc v Commissioners of Customs & Excise.

36 Thus in principle the various services used by the transferor for the purposes of the transfer of a totality of assets or part thereof have a direct and immediate link with the whole economic activity of that taxable person.

2001-02-22

62000CJ0016

Cibo Participations SA v Directeur régional des impôts du Nord-Pas-de-Calais.

2001-09-27

41 The Court has already had occasion to hold that, since the receipt of dividends is not the consideration for any economic activity, it does not fall within the scope of VAT. Consequently, dividends resulting from shareholding fall outside the deduction entitlement (Sofitam, paragraph 13, and Floridienne and Berginvest, paragraph 21).

61999CJ0142

Floridienne SA and Berginvest SA v Belgian State.

21 In that regard, the Court has held that, since the receipt of dividends is not the consideration for any economic activity, it does not fall within the scope of VAT. Consequently, dividends resulting from shareholding fall outside the deduction entitlement (Sofitam, paragraph 13).

2000-11-14

61989CJ0104(01)

J.M. Mulder, W.H. Brinkhoff, J.M.M. Muskens, T. Twijnstra and Otto Heinemann v Council of the European Union and Commission of the European Communities.

2000-01-27

50 It is settled case-law that, in order for an applicant to be able to claim compensatory interest, he must establish non-contractual liability on the part of the defendant (see Kampffmeyer and Others v Commission and Council and Roumengous Carpentier v Commission, cited above, Joined Cases T-17/89, T-21/89 and T-25/89 Brazzelli and Others v Commission [1992] ECR II-293, paragraph 35, and Case C-136/92 P Commission v Brazzelli Lualdi and Others [1994] ECR I-1981, paragraph 42).

61992CJ0136

Commission of the European Communities v Augusto Brazzelli Lualdi and others.

42 First of all, in stating at paragraph 35 of the judgment that the Court had consistently held that, in order for the applicants to be able to claim compensatory interest, they had to demonstrate fault on the part of the institution, the existence of certain and quantifiable damage and a causal link between the fault and the alleged damage, the Court of First Instance did not depart from the case-law of the Court. In the judgment in Case 111/86 Delauche v Commission [1987] ECR 5345, para. 30, the Court of Justice held that in a claim for damages brought by an official the Community could be held liable for damages only if a number of conditions were satisfied as regards the illegality of the allegedly wrongful act committed by the institutions, the actual harm suffered and the existence of a causal link between the act and the damage alleged to have been suffered. The reasoning of the Court of First Instance cannot, therefore, be considered to be insufficient.

1994-06-01

61989CJ0104

J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities.

1992-05-19

13 The Court has also consistently held that, in order for the Community to incur non-contractual liability, the damage alleged must go beyond the bounds of the normal economic risks inherent in the activities in the sector concerned (see the judgments in Case 238/78 Ireks-Arkady v Council and Commission [1979] ECR 2955, paragraph 11, in Joined Cases 241, 242 and and 245 to 250/78 DGV v Council and Commission [1979] ECR 3017, paragraph 11, in Joined Cases 261 and 262/78 Interquell Staerke v Council and Commission [1979] ECR 3045, paragraph 14, and in Joined Cases 64 and 113/76, 167 and 239/78, 27, 28 and 45/79 Dumortier Frères v Council [1979] ECR 3091, paragraph 11).

61978CJ0238

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

11 IN THE FIRST PLACE IT IS NECESSARY TO TAKE INTO CONSIDERATION THAT THE PRINCIPLE OF EQUALITY , EMBODIED IN PARTICULAR IN THE SECOND SUBPARAGRAPH OF ARTICLE 40 ( 3 ) OF THE EEC TREATY , WHICH PROHIBITS ANY DISCRIMINATION IN THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS , OCCUPIES A PARTICULARLY IMPORTANT PLACE AMONG THE RULES OF COMMUNITY LAW INTENDED TO PROTECT THE INTERESTS OF THE INDIVIDUAL . SECONDLY , THE DISREGARD OF THAT PRINCIPLE IN THIS CASE AFFECTED A LIMITED AND CLEARLY DEFINED GROUP OF COMMERCIAL OPERATORS . IT SEEMS , IN FACT , THAT THE NUMBER OF QUELLMEHL PRODUCERS IN THE COMMUNITY IS VERY LIMITED . FURTHER , THE DAMAGE ALLEGED BY THE APPLICANTS GOES BEYOND THE BOUNDS OF THE ECONOMIC RISKS INHERENT IN THE ACTIVITIES IN THE SECTOR CONCERNED . FINALLY , EQUALITY OF TREATMENT WITH THE PRODUCERS OF MAIZE STARCH , WHICH HAD BEEN OBSERVED FROM THE BEGINNING OF THE COMMON ORGANIZATION OF THE MARKET IN CEREALS , WAS ENDED BY THE COUNCIL IN 1974 WITHOUT SUFFICIENT JUSTIFICATION .

1979-10-04

61989CJ0104

J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities.

1992-05-19

3 It should be observed in limine that Council Regulation No 857/84, as supplemented by Commission Regulation No 1371/84, originally did not provide for the allocation of a reference quantity to producers who, pursuant to an undertaking given under Regulation No 1078/77, delivered no milk during the reference year adopted by the Member State concerned. However, by judgments of 28 April 1988 in Case 120/86 Mulder v Minister van Landbouw en Visserij [1988] ECR 2321, paragraph 28, and in Case 170/86 von Deetzen v Hauptzollamt Hamburg-Jonas [1988] ECR 2355, paragraph 17, the Court declared those rules invalid on the ground that they were in breach of the principle of the protection of legitimate expectations in so far as they did not provide for the allocation of such a quantity.

61986CJ0120

J. Mulder v Minister van Landbouw en Visserij.

28 IL Y A LIEU, PAR CONSEQUENT, DE REPONDRE A LA DEUXIEME QUESTION QUE LE REGLEMENT N* 857/84 DU CONSEIL, DU 31 MARS 1984, TEL QUE COMPLETE PAR LE REGLEMENT N* 1371/84 DE LA COMMISSION, DU 16 MAI 1984, EST INVALIDE DANS LA MESURE OU IL NE PREVOIT PAS L' ATTRIBUTION D' UNE QUANTITE DE REFERENCE AUX PRODUCTEURS N' AYANT PAS, EN EXECUTION D' UN ENGAGEMENT PRIS AU TITRE DU REGLEMENT N* 1078/77 DU CONSEIL, DU 17 MAI 1977, LIVRE DE LAIT PENDANT L' ANNEE DE REFERENCE RETENUE PAR L' ETAT MEMBRE CONCERNE . SUR LA TROISIEME QUESTION

1988-04-28

62000CJ0016

Cibo Participations SA v Directeur régional des impôts du Nord-Pas-de-Calais.

2001-09-27

41 The Court has already had occasion to hold that, since the receipt of dividends is not the consideration for any economic activity, it does not fall within the scope of VAT. Consequently, dividends resulting from shareholding fall outside the deduction entitlement (Sofitam, paragraph 13, and Floridienne and Berginvest, paragraph 21).

61991CJ0333

Sofitam SA (formerly Satam SA) v Ministre chargé du Budget.

13 Since the receipt of dividends is not the consideration for any economic activity within the meaning of the Sixth Directive, it does not fall within the scope of VAT. Consequently, dividends resulting from holdings fall outside the deduction entitlement.

1993-06-22

62000CJ0017

François De Coster v Collège des bourgmestre et échevins de Watermael-Boitsfort.

2001-11-29

14 Regarding the requirement that the procedure be inter partes, it must first be noted that that is not an absolute criterion (Dorsch Consult, paragraph 31, and Gabalfrisa, paragraph 37, both cited above).

61996CJ0054

Dorsch Consult Ingenieurgesellschaft mbH v Bundesbaugesellschaft Berlin mbH.

31 It must be reiterated that the requirement that the procedure before the hearing body concerned must be inter partes is not an absolute criterion. Besides, under Paragraph 3(3) of the Verordnung über das Nachprüfungsverfahren für öffentliche Aufträge, the parties to the procedure before the procurement review body must be heard before any determination is made by the chamber concerned.

1997-09-17

62000CJ0017

François De Coster v Collège des bourgmestre et échevins de Watermael-Boitsfort.

2001-11-29

26 In the context of freedom to provide services the Court has also recognised that a national tax measure restricting that freedom may constitute a prohibited measure (see, in particular, Case C-49/89 Corsica Ferries France [1989] ECR 4441, paragraph 9, and Case C-381/93 Commission v France [1994] ECR I-5145, paragraphs 20 to 22).

61993CJ0381

Commission of the European Communities v French Republic.

22 The contested French legislation undeniably operates a scheme of charges which in the case of transport services between a French port and a port in another Member State is less favourable than that applicable to transport services provided between French ports.

1994-10-05

61989CJ0104

J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities.

1992-05-19

3 It should be observed in limine that Council Regulation No 857/84, as supplemented by Commission Regulation No 1371/84, originally did not provide for the allocation of a reference quantity to producers who, pursuant to an undertaking given under Regulation No 1078/77, delivered no milk during the reference year adopted by the Member State concerned. However, by judgments of 28 April 1988 in Case 120/86 Mulder v Minister van Landbouw en Visserij [1988] ECR 2321, paragraph 28, and in Case 170/86 von Deetzen v Hauptzollamt Hamburg-Jonas [1988] ECR 2355, paragraph 17, the Court declared those rules invalid on the ground that they were in breach of the principle of the protection of legitimate expectations in so far as they did not provide for the allocation of such a quantity.

61986CJ0170

Georg von Deetzen v Hauptzollamt Hamburg-Jonas.

17 IL Y A LIEU, PAR CONSEQUENT, DE REPONDRE A LA QUESTION POSEE QUE LE REGLEMENT N* 857/84 DU CONSEIL, DU 31 MARS 1984, TEL QUE COMPLETE PAR LE REGLEMENT N* 1371/84 DE LA COMMISSION, DU 16 MAI 1984, EST INVALIDE DANS LA MESURE OU IL NE PREVOIT PAS L' ATTRIBUTION D' UNE QUANTITE DE REFERENCE AUX PRODUCTEURS N' AYANT PAS, EN EXECUTION D' UN ENGAGEMENT PRIS AU TITRE DU REGLEMENT N* 1078/77 DU CONSEIL, DU 17 MAI 1977, LIVRE DE LAIT PENDANT L' ANNEE DE REFERENCE RETENUE PAR L' ETAT MEMBRE CONCERNE .

1988-04-28

61989CJ0104

J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities.

1992-05-19

4 In those judgments, the Court held that a producer who had voluntarily ceased production for a certain period could not legitimately expect to be able to resume production under the same conditions as those which previously applied and not to be subject to any rules of market or structural policy adopted in the meantime (Mulder, paragraph 23; von Deetzen, paragraph 12). The Court added, however, that where such a producer had been encouraged by a Community measure to suspend marketing for a limited period in the general interest and against payment of a premium he might legitimately expect not to be subject, upon the expiry of his undertaking, to restrictions which specifically affected him precisely because he availed himself of the possibilities offered by the Community provisions (Mulder, paragraph 24; von Deetzen, paragraph 13).

61986CJ0120

J. Mulder v Minister van Landbouw en Visserij.

23 A CET EGARD, IL CONVIENT D' ADMETTRE, AINSI QUE LE GOUVERNEMENT NEERLANDAIS ET LA COMMISSION L' ONT FAIT OBSERVER AVEC RAISON, QU' UN OPERATEUR AYANT LIBREMENT ARRETE SA PRODUCTION PENDANT UN CERTAIN TEMPS NE PEUT PAS LEGITIMEMENT S' ATTENDRE A POUVOIR REPRENDRE LA PRODUCTION DANS LES MEMES CONDITIONS QUE CELLES QUI PREVALAIENT AUPARAVANT ET A NE PAS ETRE SOUMIS A D' EVENTUELLES REGLES, ENTRE-TEMPS ARRETEES, RELEVANT DE LA POLITIQUE DES MARCHES OU DE LA POLITIQUE DES STRUCTURES .

1988-04-28

61989CJ0104

J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities.

1992-05-19

4 In those judgments, the Court held that a producer who had voluntarily ceased production for a certain period could not legitimately expect to be able to resume production under the same conditions as those which previously applied and not to be subject to any rules of market or structural policy adopted in the meantime (Mulder, paragraph 23; von Deetzen, paragraph 12). The Court added, however, that where such a producer had been encouraged by a Community measure to suspend marketing for a limited period in the general interest and against payment of a premium he might legitimately expect not to be subject, upon the expiry of his undertaking, to restrictions which specifically affected him precisely because he availed himself of the possibilities offered by the Community provisions (Mulder, paragraph 24; von Deetzen, paragraph 13).

61986CJ0120

J. Mulder v Minister van Landbouw en Visserij.

24 IL N' EN RESTE PAS MOINS QU' UN TEL OPERATEUR, LORSQU' IL A, COMME EN L' ESPECE, ETE INCITE, PAR UN ACTE DE LA COMMUNAUTE, A SUSPENDRE LA COMMERCIALISATION POUR UNE PERIODE LIMITEE, DANS L' INTERET GENERAL ET CONTRE PAIEMENT D' UNE PRIME, PEUT LEGITIMEMENT S' ATTENDRE A NE PAS ETRE SOUMIS, A LA FIN DE SON ENGAGEMENT, A DES RESTRICTIONS QUI L' AFFECTENT DE MANIERE SPECIFIQUE EN RAISON PRECISEMENT DU FAIT QU' IL AVAIT FAIT USAGE DES POSSIBILITES OFFERTES PAR LA REGLEMENTATION COMMUNAUTAIRE .

1988-04-28

61989CJ0104

J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities.

1992-05-19

4 In those judgments, the Court held that a producer who had voluntarily ceased production for a certain period could not legitimately expect to be able to resume production under the same conditions as those which previously applied and not to be subject to any rules of market or structural policy adopted in the meantime (Mulder, paragraph 23; von Deetzen, paragraph 12). The Court added, however, that where such a producer had been encouraged by a Community measure to suspend marketing for a limited period in the general interest and against payment of a premium he might legitimately expect not to be subject, upon the expiry of his undertaking, to restrictions which specifically affected him precisely because he availed himself of the possibilities offered by the Community provisions (Mulder, paragraph 24; von Deetzen, paragraph 13).

61986CJ0170

Georg von Deetzen v Hauptzollamt Hamburg-Jonas.

12 A CET EGARD, IL CONVIENT D' ADMETTRE, AINSI QUE LA COMMISSION L' A FAIT OBSERVER AVEC RAISON, QU' UN OPERATEUR AYANT LIBREMENT ARRETE SA PRODUCTION PENDANT UN CERTAIN TEMPS NE PEUT PAS LEGITIMEMENT S' ATTENDRE A POUVOIR REPRENDRE LA PRODUCTION DANS LES MEMES CONDITIONS QUE CELLES QUI PREVALAIENT AUPARAVANT, ET A NE PAS ETRE SOUMIS A D' EVENTUELLES REGLES, ENTRE-TEMPS ARRETEES, RELEVANT DE LA POLITIQUE DES MARCHES OU DE LA POLITIQUE DES STRUCTURES .

1988-04-28

62000CJ0017

François De Coster v Collège des bourgmestre et échevins de Watermael-Boitsfort.

2001-11-29

26 In the context of freedom to provide services the Court has also recognised that a national tax measure restricting that freedom may constitute a prohibited measure (see, in particular, Case C-49/89 Corsica Ferries France [1989] ECR 4441, paragraph 9, and Case C-381/93 Commission v France [1994] ECR I-5145, paragraphs 20 to 22).

61989CJ0049

Corsica Ferries France v Direction générale des douanes françaises.

9 In the area of freedom to provide services such a restriction may, as the Court pointed out in the judgment of 6 July 1988 in Case 127/86 Ministère public v Ledoux (( 1988 )) ECR 3741, result from national tax measures which affect the trader' s exercise of that right .

1989-12-13

62000CJ0019

SIAC Construction Ltd v County Council of the County of Mayo.

2001-10-18

34 More precisely, tenderers must be in a position of equality both when they formulate their tenders and when those tenders are being assessed by the adjudicating authority (see, to this effect, Case C-87/94 Commission v Belgium [1996] ECR I-2043, paragraph 54).

61994CJ0087

Commission of the European Communities v Kingdom of Belgium.

54 The procedure for comparing tenders therefore had to comply at every stage with both the principle of the equal treatment of tenderers and the principle of transparency so as to afford equality of opportunity to all tenderers when formulating their tenders.

1996-04-25

61989CJ0104

J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities.

1992-05-19

4 In those judgments, the Court held that a producer who had voluntarily ceased production for a certain period could not legitimately expect to be able to resume production under the same conditions as those which previously applied and not to be subject to any rules of market or structural policy adopted in the meantime (Mulder, paragraph 23; von Deetzen, paragraph 12). The Court added, however, that where such a producer had been encouraged by a Community measure to suspend marketing for a limited period in the general interest and against payment of a premium he might legitimately expect not to be subject, upon the expiry of his undertaking, to restrictions which specifically affected him precisely because he availed himself of the possibilities offered by the Community provisions (Mulder, paragraph 24; von Deetzen, paragraph 13).

61986CJ0170

Georg von Deetzen v Hauptzollamt Hamburg-Jonas.

13 IL N' EN RESTE PAS MOINS QU' UN TEL OPERATEUR, LORSQU' IL A, COMME EN L' ESPECE, ETE INCITE, PAR UN ACTE DE LA COMMUNAUTE, A SUSPENDRE LA COMMERCIALISATION POUR UNE PERIODE LIMITEE, DANS L' INTERET GENERAL ET CONTRE PAIEMENT D' UNE PRIME, PEUT LEGITIMEMENT S' ATTENDRE A NE PAS ETRE SOUMIS, A LA FIN DE SON ENGAGEMENT, A DES RESTRICTIONS SPECIFIQUES EN RAISON PRECISEMENT DU FAIT QU' IL AVAIT FAIT USAGE DES POSSIBILITES OFFERTES PAR LA REGLEMENTATION COMMUNAUTAIRE .

1988-04-28

61989CJ0104

J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities.

1992-05-19

6 That 60% rule, too, was declared invalid by the Court for being in breach of the principle of the protection of legitimate expectations on the ground that the application to the producers covered by Article 3a of Regulation No 857/84, as amended, of a reduction of 40% which, far from being representative of the rates applicable to the producers covered by Article 2, was more than double the highest total of such rates, must be regarded as a restriction which specifically affected the first-mentioned category of producers by very reason of their undertaking as to non-marketing or conversion (judgments of 11 December 1990 in Case C-189/89 Spagl v Hauptzollamt Rosenheim [1990] ECR I-4539, paragraphs 24 and 29, and in Case C-217/89 Pastaetter v Hauptzollamt Bad Reichenhall [1990] ECR I-4585, paragraphs 15 and 20).

61989CJ0189

Karl Spagl v Hauptzollamt Rosenheim.

24 In those circumstances, the application to the producers covered by Article 3a of a reduction of 40% which, far from being representative of the rates applicable to the producers covered by Article 2, is more than double the highest total of such rates, must be regarded as a restriction which specifically affects the first-mentioned category of producers by very reason of their undertaking as to non-marketing or conversion .

1990-12-11

61989CJ0104

J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities.

1992-05-19

6 That 60% rule, too, was declared invalid by the Court for being in breach of the principle of the protection of legitimate expectations on the ground that the application to the producers covered by Article 3a of Regulation No 857/84, as amended, of a reduction of 40% which, far from being representative of the rates applicable to the producers covered by Article 2, was more than double the highest total of such rates, must be regarded as a restriction which specifically affected the first-mentioned category of producers by very reason of their undertaking as to non-marketing or conversion (judgments of 11 December 1990 in Case C-189/89 Spagl v Hauptzollamt Rosenheim [1990] ECR I-4539, paragraphs 24 and 29, and in Case C-217/89 Pastaetter v Hauptzollamt Bad Reichenhall [1990] ECR I-4585, paragraphs 15 and 20).

61989CJ0189

Karl Spagl v Hauptzollamt Rosenheim.

29 It follows that the contested 60% rule likewise infringes the legitimate expectations which the producers concerned were entitled to entertain as to the limited nature of their undertakings . The contested provision must therefore be declared void for breach of the principle of the protection of legitimate expectations, and it is unnecessary therefore to consider the other arguments concerning its validity made in the course of the proceedings .

1990-12-11

61989CJ0104

J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities.

1992-05-19

6 That 60% rule, too, was declared invalid by the Court for being in breach of the principle of the protection of legitimate expectations on the ground that the application to the producers covered by Article 3a of Regulation No 857/84, as amended, of a reduction of 40% which, far from being representative of the rates applicable to the producers covered by Article 2, was more than double the highest total of such rates, must be regarded as a restriction which specifically affected the first-mentioned category of producers by very reason of their undertaking as to non-marketing or conversion (judgments of 11 December 1990 in Case C-189/89 Spagl v Hauptzollamt Rosenheim [1990] ECR I-4539, paragraphs 24 and 29, and in Case C-217/89 Pastaetter v Hauptzollamt Bad Reichenhall [1990] ECR I-4585, paragraphs 15 and 20).

61989CJ0217

Josef Pastätter v Hauptzollamt Bad Reichenhall.

15 In those circumstances, the application to the producers covered by Article 3a of a reduction of 40% which, far from being representative of the rates applicable to the producers covered by Article 2, is more than double the highest total of such rates, must be regarded as a restriction which specifically affects the first-mentioned category of producers by very reason of their undertaking as to non-marketing or conversion .

1990-12-11

62000CJ0019

SIAC Construction Ltd v County Council of the County of Mayo.

2001-10-18

37 Further, an award criterion having the effect of conferring on the adjudicating authority an unrestricted freedom of choice as regards the awarding of the contract in question to a tenderer would be incompatible with Article 29 of Directive 71/305, as amended (Beentjes, cited above, paragraph 26).

61987CJ0031

Gebroeders Beentjes BV v State of the Netherlands.

26 The compatibility of such a provision with the directive depends on its interpretation under national law . It would be incompatible with Article 29 of the directive if its effect was to confer on the authorities awarding contracts unrestricted freedom of choice as regards the awarding of the contract in question to a tenderer .

1988-09-20

62000CJ0019

SIAC Construction Ltd v County Council of the County of Mayo.

2001-10-18

39 The Court has already ruled that reliability of supplies is one of the criteria which may be taken into account in determining the most economically advantageous tender (Case C-324/93 Evans Medical and Macfarlan Smith [1995] ECR I-563, paragraph 44).

61993CJ0324

The Queen v Secretary of State for Home Department, ex parte Evans Medical Ltd and Macfarlan Smith Ltd.

44 It follows that reliability of supplies is one of the criteria which may be taken into account under Article 25 of the directive in order to determine the most economically advantageous tender for a contract for the supply, to the authorities concerned, of a product such as that in question in the main proceedings.

1995-03-28

61989CJ0104

J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities.

1992-05-19

6 That 60% rule, too, was declared invalid by the Court for being in breach of the principle of the protection of legitimate expectations on the ground that the application to the producers covered by Article 3a of Regulation No 857/84, as amended, of a reduction of 40% which, far from being representative of the rates applicable to the producers covered by Article 2, was more than double the highest total of such rates, must be regarded as a restriction which specifically affected the first-mentioned category of producers by very reason of their undertaking as to non-marketing or conversion (judgments of 11 December 1990 in Case C-189/89 Spagl v Hauptzollamt Rosenheim [1990] ECR I-4539, paragraphs 24 and 29, and in Case C-217/89 Pastaetter v Hauptzollamt Bad Reichenhall [1990] ECR I-4585, paragraphs 15 and 20).

61989CJ0217

Josef Pastätter v Hauptzollamt Bad Reichenhall.

20 It follows that the contested 60% rule detracts from the legitimate expectations which the producers concerned were entitled to entertain as to the limited nature of their undertakings . The contested provision must therefore be declared void for breach of the principle of the protection of legitimate expectations, and it is unnecessary therefore to consider the other arguments concerning its validity put forward in the course of the proceedings .

1990-12-11

61989CJ0104

J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities.

1992-05-19

9 That argument cannot be accepted. The defendant institutions do not claim that it was for the Member States to allocate reference quantities to the applicants using powers which were not provided or appropriate for dealing with cases of farmers who entered into non-marketing undertakings. Accordingly, the unlawfulness alleged in support of the claim for damages must be regarded as issuing, not from a national body, but from the Community legislature; hence any damage ensuing from the implementation of the Community rules by national bodies is attributable to the Community legislature (see the judgment in Case 175/84 Krohn v Commission [1986] ECR 753, in particular at paragraphs 28 and 19).

61984CJ0175

Krohn & Co. Import - Export GmbH & Co. KG v Commission of the European Communities.

28 THAT IS NOT THE CASE HERE . THERE IS NOTHING TO SUGGEST THAT THE ANNULMENT OF THE BUNDESANSTALT ' S DECISION AND THE ISSUE , AFTER A LAPSE OF SEVERAL YEARS , OF THE IMPORT LICENCES CLAIMED IN 1982 WOULD COMPENSATE KROHN FOR THE DAMAGE SUFFERED BY IT AT THAT TIME ; SUCH AN ANNULMENT WOULD THEREFORE NOT REMOVE THE NEED FOR THE APPLICANT , IF IT IS TO OBTAIN COMPENSATION , TO BRING AN ACTION BEFORE THE COURT UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY .

1986-02-26

61989CJ0104

J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities.

1992-05-19

9 That argument cannot be accepted. The defendant institutions do not claim that it was for the Member States to allocate reference quantities to the applicants using powers which were not provided or appropriate for dealing with cases of farmers who entered into non-marketing undertakings. Accordingly, the unlawfulness alleged in support of the claim for damages must be regarded as issuing, not from a national body, but from the Community legislature; hence any damage ensuing from the implementation of the Community rules by national bodies is attributable to the Community legislature (see the judgment in Case 175/84 Krohn v Commission [1986] ECR 753, in particular at paragraphs 28 and 19).

61984CJ0175

Krohn & Co. Import - Export GmbH & Co. KG v Commission of the European Communities.

19 WHERE , AS IN THIS CASE , THE DECISION ADVERSELY AFFECTING THE APPLICANT WAS ADOPTED BY A NATIONAL BODY ACTING IN ORDER TO ENSURE THE IMPLEMENTATION OF COMMUNITY RULES , IT IS NECESSARY , IN ORDER TO ESTABLISH THE JURISDICTION OF THE COURT , TO DETERMINE WHETHER THE UNLAWFUL CONDUCT ALLEGED IN SUPPORT OF THE APPLICATION FOR COMPENSATION IS IN FACT THE RESPONSIBILITY OF A COMMUNITY INSTITUTION AND CANNOT BE ATTRIBUTED TO THE NATIONAL BODY .

1986-02-26

61989CJ0106

Marleasing SA v La Comercial Internacional de Alimentacion SA.

1990-11-13

8 In order to reply to that question, it should be observed that, as the Court pointed out in its judgment in Case 14/83 Von Colson and Kamann v Land Nordrhein-Westfalen [1984] ECR 1891, paragraph 26, the Member States' obligation arising from a directive to achieve the result envisaged by the directive and their duty under Article 5 of the Treaty to take all appropriate measures, whether general or particular, to ensure the fulfilment of that obligation, is binding on all the authorities of Member States including, for matters within their jurisdiction, the courts . It follows that, in applying national law, whether the provisions in question were adopted before or after the directive, the national court called upon to interpret it is required to do so, as far as possible, in the light of the wording and the purpose of the directive in order to achieve the result pursued by the latter and thereby comply with the third paragraph of Article 189 of the Treaty .

61983CJ0014

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

26 HOWEVER , THE MEMBER STATES ' OBLIGATION ARISING FROM A DIRECTIVE TO ACHIEVE THE RESULT ENVISAGED BY THE DIRECTIVE AND THEIR DUTY UNDER ARTICLE 5 OF THE TREATY TO TAKE ALL APPROPRIATE MEASURES , WHETHER GENERAL OR PARTICULAR , TO ENSURE THE FULFILMENT OF THAT OBLIGATION , IS BINDING ON ALL THE AUTHORITIES OF MEMBER STATES INCLUDING , FOR MATTERS WITHIN THEIR JURISDICTION , THE COURTS . IT FOLLOWS THAT , IN APPLYING THE NATIONAL LAW AND IN PARTICULAR THE PROVISIONS OF A NATIONAL LAW SPECIFICALLY INTRODUCED IN ORDER TO IMPLEMENT DIRECTIVE NO 76/207 , NATIONAL COURTS ARE REQUIRED TO INTERPRET THEIR NATIONAL LAW IN THE LIGHT OF THE WORDING AND THE PURPOSE OF THE DIRECTIVE IN ORDER TO ACHIEVE THE RESULT REFERRED TO IN THE THIRD PARAGRAPH OF ARTICLE 189 .

1984-04-10

62000CJ0019

SIAC Construction Ltd v County Council of the County of Mayo.

2001-10-18

41 Next, the principle of equal treatment implies an obligation of transparency in order to enable compliance with it to be verified (see, by analogy, Case C-275/98 Unitron Scandinavia and 3-S [1999] ECR I-8291, paragraph 31).

61998CJ0275

Unitron Scandinavia A/S and 3-S A/S, Danske Svineproducenters Serviceselskab v Ministeriet for Fødevarer, Landbrug og Fiskeri.

31 It should be noted, however, that the principle of non-discrimination on grounds of nationality cannot be interpreted restrictively. It implies, in particular, an obligation of transparency in order to enable the contracting authority to satisfy itself that it has been complied with.

1999-11-18

62000CJ0020

Booker Aquacultur Ltd (C-20/00) and Hydro Seafood GSP Ltd (C-64/00) v The Scottish Ministers.

2003-07-10

67. The right to property is one of the fundamental rights protected by the Court (Hauer , cited above, paragraph 17).

61979CJ0044

Liselotte Hauer v Land Rheinland-Pfalz.

17 THE RIGHT TO PROPERTY IS GUARANTEED IN THE COMMUNITY LEGAL ORDER IN ACCORDANCE WITH THE IDEAS COMMON TO THE CONSTITUTIONS OF THE MEMBER STATES , WHICH ARE ALSO REFLECTED IN THE FIRST PROTOCOL TO THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS .

1979-12-13

61989CJ0108

Augusto Pian v Office national des pensions.

1990-04-05

13 Those decisions also apply in cases in which old-age ( retirement ) pensions due under the legislation of a Member State do not arise as a result of the conversion of invalidity benefits, provided that the old-age pension, whether or not arising from such a conversion, is of the same kind as an invalidity pension ( see judgment of 18 April 1989 in Case 128/88 Di Felice v Inasti (( 1989 )) ECR 923, paragraph 14 ).

61988CJ0128

Di Felice v Institut national d'assurances sociales pour travailleurs indépendants.

14 Those decisions also apply in cases in which old-age ( retirement ) pensions due under the legislation of a Member State do not arise as a result of the conversion of invalidity benefits, provided that an old-age pension, whether or not arising from such a conversion, is of the same kind as an invalidity pension .

1989-04-18

61989CJ0108

Augusto Pian v Office national des pensions.

1990-04-05

15 Finally, it must be emphasized that the amount obtained pursuant to Article 46(1 ) and ( 2 ) of Regulation No 1408/71 must be reduced in accordance with Article 46(3 ), which fixes a ceiling for the amount which a worker may receive under Article 46, namely the highest of the theoretical amounts of benefits calculated according to Article 46(2)(a ). Article 46(3 ) is applicable, to the exclusion of national rules against overlapping ( see the judgment in Van der Bunt-Craig, cited above, paragraph 15, and in Di Felice, cited above ).

61981CJ0238

Raad van Arbeid v Mrs Van der Bunt - Craig.

15 IN RELATION TO THE ANSWER TO THE SECOND PART OF THE QUESTION , ON THE APPLICABILITY OF RULES AGAINST OVERLAPPING BENEFITS , IT SHOULD BE POINTED OUT THAT THE NATIONAL COURT CONSIDERED ONLY INSTANCES IN WHICH THOSE BENEFITS OF THE SAME KIND ARE GRANTED EXCLUSIVELY ON THE BASIS OF ENTITLEMENT UNDER NATIONAL LAW . IT SHOULD BE RECALLED THAT , ACCORDING TO WELL-ESTABLISHED CASE-LAW , WHEN A WORKER RECEIVES A PENSION PURSUANT TO NATIONAL LEGISLATION ALONE , THE PROVISIONS OF REGULATION NO 1408/71 DO NOT PREVENT THAT LEGISLATION FROM BEING APPLIED TO HIM IN ITS ENTIRETY , INCLUDING THE NATIONAL RULES AGAINST OVERLAPPING BENEFITS . IT MUST BE NOTED HOWEVER THAT IF IT HAPPENS THAT THE APPLICATION OF THAT NATIONAL LEGISLATION IS LESS FAVOURABLE TO THE WORKER THAN THE APPLICATION OF ARTICLE 46 OF REGULATION NO 1408/71 , THE PROVISIONS OF THAT ARTICLE MUST BE APPLIED . IN THE LATTER SUPPOSITION , PARAGRAPH ( 3 ) OF ARTICLE 46 , WHICH SEEKS TO LIMIT THE OVERLAP OF ACQUIRED BENEFITS , BY THE MEANS PROVIDED IN PARAGRAPHS ( 1 ) AND ( 2 ) OF THAT ARTICLE , IS APPLICABLE , TO THE EXCLUSION OF RULES AGAINST OVERLAPPING LAID DOWN BY NATIONAL LEGISLATION .

1983-05-05

61989CJ0108

Augusto Pian v Office national des pensions.

1990-04-05

19 In those circumstances, it must be borne in mind that the Court has held that, where national legislation alone is applied, the classification of the benefits is not governed by Community law ( see judgment of 6 October 1987 in Case 197/85 ONPTS v Stefanutti (( 1987 )) ECR 3855, paragraph 17 ). It is therefore for the national court or tribunal to determine the substance of, and to interpret the provisions of, its national legislation as regards the overlapping of benefits .

61985CJ0197

Office national des pensions pour travailleurs salariés (ONPTS) v Domenica Stefanutti.

17 THE REPLY TO THE SECOND AND THIRD QUESTIONS MUST THEREFORE BE THAT THE CLASSIFICATION, FOR THE PURPOSES OF THE ANTI-OVERLAPPING RULES APPLIED BY A MEMBER STATE PROVIDING A SURVIVOR' S PENSION TO WHICH THE RECIPIENT BECAME ENTITLED UNDER THE LEGISLATION OF THAT STATE ALONE, OF AN INVALIDITY PENSION PAID BY ANOTHER MEMBER STATE, IS NOT GOVERNED BY COMMUNITY LAW . THE FOURTH QUESTION

1987-10-06

61989CJ0108

Augusto Pian v Office national des pensions.

1990-04-05

8 The Court has consistently held ( see in particular the judgment of 5 May 1983 in Case 238/81 Raad van Arbeid v Van der Bunt-Craig (( 1983 )) ECR 1385, paragraph 15 ) that where a worker receives a pension pursuant to national legislation alone, the provisions of Regulation No 1408/71 do not prevent that national legislation from being applied to him in its entirety, including any national rules against overlapping benefits .

61981CJ0238

Raad van Arbeid v Mrs Van der Bunt - Craig.

15 IN RELATION TO THE ANSWER TO THE SECOND PART OF THE QUESTION , ON THE APPLICABILITY OF RULES AGAINST OVERLAPPING BENEFITS , IT SHOULD BE POINTED OUT THAT THE NATIONAL COURT CONSIDERED ONLY INSTANCES IN WHICH THOSE BENEFITS OF THE SAME KIND ARE GRANTED EXCLUSIVELY ON THE BASIS OF ENTITLEMENT UNDER NATIONAL LAW . IT SHOULD BE RECALLED THAT , ACCORDING TO WELL-ESTABLISHED CASE-LAW , WHEN A WORKER RECEIVES A PENSION PURSUANT TO NATIONAL LEGISLATION ALONE , THE PROVISIONS OF REGULATION NO 1408/71 DO NOT PREVENT THAT LEGISLATION FROM BEING APPLIED TO HIM IN ITS ENTIRETY , INCLUDING THE NATIONAL RULES AGAINST OVERLAPPING BENEFITS . IT MUST BE NOTED HOWEVER THAT IF IT HAPPENS THAT THE APPLICATION OF THAT NATIONAL LEGISLATION IS LESS FAVOURABLE TO THE WORKER THAN THE APPLICATION OF ARTICLE 46 OF REGULATION NO 1408/71 , THE PROVISIONS OF THAT ARTICLE MUST BE APPLIED . IN THE LATTER SUPPOSITION , PARAGRAPH ( 3 ) OF ARTICLE 46 , WHICH SEEKS TO LIMIT THE OVERLAP OF ACQUIRED BENEFITS , BY THE MEANS PROVIDED IN PARAGRAPHS ( 1 ) AND ( 2 ) OF THAT ARTICLE , IS APPLICABLE , TO THE EXCLUSION OF RULES AGAINST OVERLAPPING LAID DOWN BY NATIONAL LEGISLATION .

1983-05-05

62000CJ0024

Commission of the European Communities v French Republic.

2004-02-05

69. It is of course necessary for it to show why the prohibition on marketing energy drinks containing caffeine in excess of a certain limit is necessary and proportionate for public health (see to that effect Case C-420/01 Commission v Italy [2003] ECR I-6445, paragraphs 30 and 31).

62001CJ0420

Commission of the European Communities v Italian Republic.

31. In the present case, the Italian Government has not shown that the prohibition on the marketing of energy drinks containing caffeine in excess of a certain limit is necessary and proportionate for the protection of public health.

2003-06-19