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300 | 61988CJ0297 | Massam Dzodzi v Belgian State. | 65 | 1990-10-18 | 65 The directive does not specify how the competent authority referred to in Article 9 is appointed . It does not require that authority to be a court or to be composed of members of the judiciary . Nor does it require the members of the competent authority to be appointed for a specific period . The essential requirem... | 61981CJ0115 | Rezguia Adoui v Belgian State and City of Liège; Dominique Cornuaille v Belgian State. | 16 | 16 THE DIRECTIVE DOES NOT SPECIFY HOW THE COMPETENT AUTHORITY REFERRED TO IN ARTICLE 9 IS APPOINTED . IT DOES NOT REQUIRE THAT AUTHORITY TO BE A COURT OR TO BE COMPOSED OF MEMBERS OF THE JUDICIARY . NOR DOES IT REQUIRE THE MEMBERS OF THE COMPETENT AUTHORITY TO BE APPOINTED FOR A SPECIFIC PERIOD . THE ESSENTIAL REQUIREM... | 1982-05-18 |
301 | 61988CJ0297 | Massam Dzodzi v Belgian State. | 66 | 1990-10-18 | 66 Although there is no provision empowering the authority in question to take interim protective decisions in connection with the right of residence, it must none the less be observed that, under Article 9 of the directive as interpreted by the Court ( judgment in Pecastaing v Belgium, cited above, paragraph 18 ), onc... | 61979CJ0098 | Josette Pecastaing v Belgian State. | 18 | 18 IT FOLLOWS FROM ARTICLE 9 THEREFORE THAT AS SOON AS THE OPINION IN QUESTION HAS BEEN OBTAINED AND NOTIFIED TO THE PERSON CONCERNED AN EXPULSION ORDER MAY BE EXECUTED IMMEDIATELY , SUBJECT ALWAYS TO THE RIGHT OF THAT PERSON TO STAY ON THE TERRITORY FOR THE TIME NECESSARY TO AVAIL HIMSELF OF THE REMEDIES ACCORDED TO H... | 1980-03-05 |
302 | 61988CJ0297 | Massam Dzodzi v Belgian State. | 66 | 1990-10-18 | 66 Although there is no provision empowering the authority in question to take interim protective decisions in connection with the right of residence, it must none the less be observed that, under Article 9 of the directive as interpreted by the Court ( judgment in Pecastaing v Belgium, cited above, paragraph 18 ), onc... | 61979CJ0098 | Josette Pecastaing v Belgian State. | 12 | 12 ON THE OTHER HAND ARTICLE 8 CONTAINS NO SPECIFIC OBLIGATION CONCERNING ANY SUSPENSORY EFFECT OF APPLICATIONS AVAILABLE TO PERSONS COVERED BY THE DIRECTIVE . IF THAT PROVISION REQUIRES THAT THE PERSON CONCERNED SHOULD BE ABLE TO APPEAL AGAINST THE MEASURE AFFECTING HIM IT MUST BE INFERRED , AS THE COURT STATED IN ITS... | 1980-03-05 |
303 | 61999CJ0196 | Siderúrgica Aristrain Madrid SL v Commission of the European Communities. | 41 | 2003-10-02 | 41. However, the Court may examine whether the Court of First Instance has responded to the parties' pleas and given proper grounds for its judgment (see, to that effect, Case C-274/99 P Connolly v Commission [2001] ECR I-1611, paragraphs 119 to 122). | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 122 | 122 In those circumstances, the eleventh ground of appeal must be rejected.
The twelfth ground of appeal | 2001-03-06 |
304 | 61999CJ0197 | Kingdom of Belgium v Commission of the European Communities. | 121 | 2003-09-11 | 121. Although it is for the Court of First Instance alone to assess the value which should be attached to the evidence produced (Case C-185/95 P Baustahlgewebe v Commission [1998] ECR I-8417, paragraph 24), a plea alleging distortion of the clear sense of that evidence is admissible in an appeal (Case C-53/92 P Hi... | 61992CJ0053 | Hilti AG v Commission of the European Communities. | 42 | 42 It should be pointed out that the appraisal by the Court of First Instance of the evidence put before it does not constitute (save where the clear sense of that evidence has been distorted) a point of law which is subject, as such, to review by the Court of Justice. | 1994-03-02 |
305 | 61999CJ0198 | Empresa Nacional Siderúrgica SA (Ensidesa) v Commission of the European Communities. | 31 | 2003-10-02 | 31. First, measures of inquiry would necessarily lead to the Court ruling on questions of fact (see, to that effect, Case C-199/92 P Hüls v Commission [1999] ECR I-4287, paragraph 91). | 61992CJ0199 | Hüls AG v Commission of the European Communities. | 91 | 91 On the one hand, measures of inquiry would necessarily lead to the Court ruling on questions of fact and would change the subject-matter of the proceedings commenced before the Court of First Instance, in breach of Article 113(2) of the Rules of Procedure of the Court of Justice. | 1999-07-08 |
306 | 61988CJ0303 | Italian Republic v Commission of the European Communities. | 21 | 1991-03-21 | 21 As the Court held in its judgment of Case 234/84 (Belgium v Commission [1986] ECR 2263, at paragraph 15), a private shareholder may reasonably subscribe the capital necessary to secure the survival of an undertaking which is experiencing temporary difficulties but is capable of becoming profitable again, possibly af... | 61984CJ0234 | Kingdom of Belgium v Commission of the European Communities. | 15 | 15 AS THE BELGIAN GOVERNMENT HAS OBSERVED , A PRIVATE SHAREHOLDER MAY REASONABLY SUBSCRIBE THE CAPITAL NECESSARY TO SECURE THE SURVIVAL OF AN UNDERTAKING WHICH IS EXPERIENCING TEMPORARY DIFFICULTIES BUT IS CAPABLE OF BECOMING PROFITABLE AGAIN , POSSIBLY AFTER A REORGANIZATION . HOWEVER , IN THIS CASE , AT THE TIME WHEN... | 1986-07-10 |
307 | 61988CJ0303 | Italian Republic v Commission of the European Communities. | 27 | 1991-03-21 | 27 It must be observed right away that as the Court held in its judgment in Case 102/87 (France v Commission [1988] ECR 4067, at paragraph 19), aid may be such as to affect trade between the Member States and distort competition where the recipient undertaking competes with producers in other Member States, even if it ... | 61985CJ0259 | French Republic v Commission of the European Communities. | 19 | 19 IN EXAMINING THE DETAILED ARRANGEMENTS FOR IMPLEMENTING THE PROPOSED AID, THE COMMISSION OBSERVES THAT IT IS TO BE GRANTED TO FACILITATE INVESTMENT WHICH REDUCES THE COSTS NORMALLY ALLOWED FOR IN THE BUDGETS OF THE UNDERTAKINGS IN QUESTION . THE SPECIFIC INTENSITY OF THE AID ( 5.5 %) IS APPRECIABLE IN THE LIGHT OF T... | 1987-11-11 |
308 | 61988CJ0303 | Italian Republic v Commission of the European Communities. | 27 | 1991-03-21 | 27 It must be observed right away that as the Court held in its judgment in Case 102/87 (France v Commission [1988] ECR 4067, at paragraph 19), aid may be such as to affect trade between the Member States and distort competition where the recipient undertaking competes with producers in other Member States, even if it ... | 61985CJ0259 | French Republic v Commission of the European Communities. | 24 | 24 AS THE COMMISSION STRESSED IN ITS DECISION, THE PROPOSED AID WOULD ENABLE THE UNDERTAKINGS BENEFITING FROM IT TO REDUCE THEIR INVESTMENT COSTS, THEREBY STRENGTHENING THEIR POSITION AS AGAINST THAT OF OTHER UNDERTAKINGS COMPETING WITH THEM IN THE COMMUNITY . IN VIEW OF THE INFORMATION CONTAINED IN THE DECISION CONCER... | 1987-11-11 |
309 | 61999CJ0206 | SONAE - Tecnologia de Informação SA v Direcção-Geral dos Registos e Notariado. | 24 | 2001-06-21 | 24 It follows that the charges at issue in the main proceedings, payable pursuant to a rule of law laid down by the State, are paid by a private individual to the State for the financing of its official business (see Modelo, paragraph 21). | 61998CJ0056 | Modelo SGPS SA v Director-Geral dos Registos e Notariado. | 21 | 21 Thus, a proportion of the charges at issue in the main proceedings, payable pursuant to a rule of law laid down by the State, is paid by a private individual to the State for the financing of its official business. | 1999-09-29 |
310 | 61999CJ0220 | Commission of the European Communities v French Republic. | 20 | 2001-09-11 | 20 That rule, however, does not prevent the Commission from setting out its initial complaints in greater detail in its application, on condition that it does not alter the subject-matter of the dispute (see, along these lines, Case C-256/98 Commission v France [2000] ECR I-2487, paragraphs 30 and 31). | 61998CJ0256 | Commission of the European Communities v French Republic. | 30 | 30 It should be noted, however, that the amendment goes beyond a mere restatement, albeit in greater detail, of the initial complaints, thereby raising submissions before the Court which were not put forward during the pre-litigation procedure or in the application initiating the proceedings. | 2000-04-06 |
311 | 61999CJ0223 | Agorà Srl and Excelsior Snc di Pedrotti Bruna & C. v Ente Autonomo Fiera Internazionale di Milano and Ciftat Soc. coop. arl. | 26 | 2001-05-10 | 26 In that regard, it should be noted that the three conditions set out in that provision are cumulative (Case C-44/96 Mannesmann Anlagenbau Austria and Others [1998] ECR I-73, paragraph 21). | 61996CJ0044 | Mannesmann Anlagenbau Austria AG and Others v Strohal Rotationsdruck GesmbH. | 21 | 21 It is clear from that provision that the three conditions set out therein are cumulative. | 1998-01-15 |
312 | 61999CJ0237 | Commission of the European Communities v French Republic. | 43 | 2001-02-01 | 43 It is in the light of those objectives that contracting authority, including a body governed by public law, must be interpreted in functional terms (see, to that effect, most recently, Case C-353/96 Commission v Ireland [1998] ECR I-8565, paragraph 36). | 61996CJ0353 | Commission of the European Communities v Ireland. | 36 | 36 In order to give full effect to the principle of free movement, the term `contracting authority' must be interpreted in functional terms (see, to that effect, the judgment of 10 November 1998 in Case C-360/96 Gemeente Arnhem and Gemeente Rheden v BFI Holding [1998] ECR I-6821, paragraph 62). | 1998-12-17 |
313 | 61988CJ0303 | Italian Republic v Commission of the European Communities. | 34 | 1991-03-21 | 34 It must be pointed out first of all that as regards the application of Article 92(3) of the Treaty the Commission enjoys a wide discretion, the exercise of which involves assessments of an economic and social nature which must be made within a Community context (judgment in Case C-301/87 France v Commission [1990] E... | 61987CJ0301 | French Republic v Commission of the European Communities. | 49 | 49 The arguments put forward by the applicant cannot be accepted . It should be borne in mind that the Commission enjoys a wide discretion under Article 92(3 ) of the Treaty and that the exercise of that discretion involves assessments of an economic and social nature which must be made within a Community context . | 1990-02-14 |
314 | 61988CJ0303 | Italian Republic v Commission of the European Communities. | 52 | 1991-03-21 | 52 As the Court has consistently held, the statement of the reasons in which a decision is based must enable the Court to review the legality of the decision and provide the party concerned with details sufficient to allow that party to ascertain whether or not the decision is well founded. The requirement of a stateme... | 61983CJ0041 | Italian Republic v Commission of the European Communities. | 46 | 46 FIRST , IT SHOULD BE BORNE IN MIND THAT , ACCORDING TO A CONSISTENT LINE OF DECISIONS OF THE COURT , THE STATEMENT OF THE REASONS ON WHICH A DECISION HAVING ADVERSE EFFECT IS BASED MUST ENABLE THE COURT TO REVIEW THE LEGALITY OF THE DECISION AND TO PROVIDE THE PARTY CONCERNED WITH DETAILS SUFFICIENT TO ALLOW THAT PA... | 1985-03-20 |
315 | 61988CJ0303 | Italian Republic v Commission of the European Communities. | 58 | 1991-03-21 | 58 If the Italian Government had serious doubts in that regard it could, like any Member State which encounters unforeseen difficulties in implementing an order for recovery, have submitted those problems for consideration by the Commission. In such a case the Commission and the Member State concerned must, in accordan... | 61987CJ0094 | Commission of the European Communities v Federal Republic of Germany. | 9 | 9 It must be borne in mind that in the judgment in Case 52/84, cited above, the Court emphasized that the fact that the only defence which a Member State to which a decision has been addressed can raise in legal proceedings such as these is that implementation of the decision is absolutely impossible does not prevent t... | 1989-02-02 |
316 | 61988CJ0323 | SA Sermes v Directeur des services des douanes de Strasbourg. | 23 | 1990-07-11 | 23 The aim of that provision is to prevent account from being taken of prices and costs in non-market-economy countries which are not normally the result of market forces ( judgment in Joined Cases 294/86 and 77/87 Technointorg v Commission and Council [1988] ECR 6077, paragraph 29 ). | 61986CJ0294 | Technointorg v Commission and Council of the European Communities. | 29 | 29 It should be stated in the first place that Article 2 ( 5 ) of Regulation No 2176/84 provides that, in the case of imports from non-market economy countries, the normal value is to be determined in an appropriate and not unreasonable manner on the basis of : ( a ) the price at which the like product of a market econ... | 1988-10-05 |
317 | 61999CJ0261 | Commission of the European Communities v French Republic. | 19 | 2001-03-22 | 19 The position could be different only if the measure in question contained particularly serious and manifest defects such that it could be deemed non-existent (Commission v Portugal, cited above, paragraph 35). | 61997CJ0404 | Commission of the European Communities v Portuguese Republic. | 35 | 35 The position could be different only if the measure in question contained particularly serious and manifest defects such that it could be deemed non-existent (Case 226/87 Commission v Greece, cited above, paragraph 16, and Case C-74/91 Commission v Germany, cited above, paragraph 11). | 2000-06-27 |
318 | 61999CJ0261 | Commission of the European Communities v French Republic. | 20 | 2001-03-22 | 20 That also applies to an action for failure to fulfil obligations based on the second subparagraph of Article 88(2) EC (Commission v Portugal, cited above, paragraph 36). | 61997CJ0404 | Commission of the European Communities v Portuguese Republic. | 36 | 36 That also applies to an action for failure to fulfil obligations based on the second subparagraph of Article 93(2) of the Treaty. | 2000-06-27 |
319 | 61999CJ0261 | Commission of the European Communities v French Republic. | 22 | 2001-03-22 | 22 It must next be borne in mind that it is settled case-law that recovery of unlawful aid is the logical consequence of a finding that it is unlawful (see, in particular, Case C-183/91 Commission v Greece [1993] ECR I-3131, paragraph 16, and Commission v Portugal, cited above, paragraph 38). | 61997CJ0404 | Commission of the European Communities v Portuguese Republic. | 38 | 38 It must next be borne in mind that it is settled case-law that recovery of unlawful aid is the logical consequence of the finding that it is unlawful and that that consequence cannot depend on the form in which the aid was granted (see in particular Case C-183/91 Commission v Greece [1993] ECR I-3131, paragraph 16). | 2000-06-27 |
320 | 61988CJ0323 | SA Sermes v Directeur des services des douanes de Strasbourg. | 24 | 1990-07-11 | 24 However, as the Court held in its judgment in Joined Cases C-305/86 and C-160/87 Neotype v Commission and Council [1990] ECR I-2945, paragraphs 26 and 27, Yugoslavia cannot be regarded as a country which does not have a market economy . During the period under consideration, there was no general system for the fixin... | 61986CJ0305 | Neotype Techmashexport GmbH v Commission and Council of the European Communities. | 26 | 26 The aim of that provision is to prevent account from being taken of prices and costs in non-market-economy countries which are not the normal result of market forces ( see the Technointorg judgment, cited above, paragraph 29 ). | 1990-07-11 |
321 | 61988CJ0323 | SA Sermes v Directeur des services des douanes de Strasbourg. | 24 | 1990-07-11 | 24 However, as the Court held in its judgment in Joined Cases C-305/86 and C-160/87 Neotype v Commission and Council [1990] ECR I-2945, paragraphs 26 and 27, Yugoslavia cannot be regarded as a country which does not have a market economy . During the period under consideration, there was no general system for the fixin... | 61986CJ0305 | Neotype Techmashexport GmbH v Commission and Council of the European Communities. | 27 | 27 Article 2(5 ) defines as countries not having a market economy in particular those countries to which Regulation ( EEC ) No 1765/82 of 30 June 1982 on common rules for imports from State-trading countries ( Official Journal 1982 L 195, p . 1 ) applies; Yugoslavia is not amongst those countries . | 1990-07-11 |
322 | 61988CJ0323 | SA Sermes v Directeur des services des douanes de Strasbourg. | 38 | 1990-07-11 | 38 As the Court has consistently held ( see in particular the judgments in Case 255/84 Nashi Fujikoshi v Council [1987] ECR 1861, paragraph 39 and in Case C-156/87 Gestetner v Commission [1990] ECR I-781, paragraph 67 ), the statement of reasons required by Article 190 of the Treaty must disclose in a clear and unequiv... | 61984CJ0255 | Nachi Fujikoshi Corporation v Council of the European Communities. | 39 | 39 NEXT, IT SHOULD BE RECALLED, AS REGARDS THE COMPLAINT THAT THE STATEMENT OF REASONS WAS INADEQUATE, THAT THE COURT HAS CONSISTENTLY HELD, IN PARTICULAR IN ITS JUDGMENT OF 26 JUNE 1986 IN CASE 203/85 NICOLET INSTRUMENT V HAUPTZOLLAMT FRANKFURT-AM-MAIN (( 1986 )) ECR 2049, THAT THE STATEMENT OF REASONS REQUIRED BY ART... | 1987-05-07 |
323 | 61988CJ0323 | SA Sermes v Directeur des services des douanes de Strasbourg. | 38 | 1990-07-11 | 38 As the Court has consistently held ( see in particular the judgments in Case 255/84 Nashi Fujikoshi v Council [1987] ECR 1861, paragraph 39 and in Case C-156/87 Gestetner v Commission [1990] ECR I-781, paragraph 67 ), the statement of reasons required by Article 190 of the Treaty must disclose in a clear and unequiv... | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 67 | 67 The submission alleging incorrect assessment of the interests of the Community must therefore be rejected .
Inadequate statement of the reasons for the rejection of the undertaking offered by Gestetner | 1990-03-14 |
324 | 61988CJ0323 | SA Sermes v Directeur des services des douanes de Strasbourg. | 46 | 1990-07-11 | 46 As the Court has already held ( see judgment in Case 12/88 Schaefer Shop v Minister van Economische Zaken [1989] ECR 2937, paragraph 14 ) it is pursuant to the "Protocol on German internal trade and connected problems" of 25 March 1957, annexed to the EEC Treaty, that the Federal Republic of Germany is exonerated fr... | 61988CJ0012 | Schäfer Shop BV v Minister van Economische Zaken. | 14 | 14 As the Court has already held ( judgments of 1 October 1974 in Case 14/74 Norddeutsches Vieh - und Fleischkontor v Hauptzollamt Hamburg-Jonas (( 1974 )) ECR 899, and of 27 September 1979 in Case 23/79 Gefluegelschlachterei Freystadt GmbH v Hauptzollamt Hamburg-Jonas (( 1979 )) ECR 2789 ), the Protocol accords a spec... | 1989-09-21 |
325 | 61999CJ0261 | Commission of the European Communities v French Republic. | 22 | 2001-03-22 | 22 It must next be borne in mind that it is settled case-law that recovery of unlawful aid is the logical consequence of a finding that it is unlawful (see, in particular, Case C-183/91 Commission v Greece [1993] ECR I-3131, paragraph 16, and Commission v Portugal, cited above, paragraph 38). | 61991CJ0183 | Commission of the European Communities v Hellenic Republic. | 16 | 16 It follows from the Court' s case-law that recovery of unlawful aid is the logical consequence of the finding that it is unlawful (see in particular Case C-142/87 Belgium v Commission [1990] ECR I-959, paragraph 66). That consequence cannot depend on the form in which the aid was granted. | 1993-06-10 |
326 | 61999CJ0261 | Commission of the European Communities v French Republic. | 26 | 2001-03-22 | 26 Finally, it must be borne in mind that the decision at issue is presumed to be lawful and that, despite the existence of the action for annulment, it remains binding in all respects on the French Republic (Commission v Portugal, cited above, paragraph 57). | 61997CJ0404 | Commission of the European Communities v Portuguese Republic. | 57 | 57 It must moreover be borne in mind in that respect that the decision at issue is presumed to be lawful and that, despite the existence of the action for annulment, it remains binding in all respects on the Portuguese Republic. | 2000-06-27 |
327 | 61999CJ0266 | Commission of the European Communities v French Republic. | 30 | 2001-03-08 | 30 It should also be emphasised that, by contrast, incomplete practical measures and fragmentary legislation cannot discharge the obligation of a Member State to draw up a comprehensive programme with a view to attaining certain objectives (see, to that effect, Case C-298/97 Commission v Spain [1998] ECR I-3301, paragr... | 61997CJ0298 | Commission of the European Communities v Kingdom of Spain. | 16 | 16 In that regard, incomplete practical measures and fragmentary legislation cannot discharge the obligation of a Member State to draw up a comprehensive programme with a view to attaining certain objectives, as required by Article 6 of the Directive. | 1998-05-28 |
328 | 61988CJ0326 | Anklagemyndigheden v Hansen & Soen I/S. | 9 | 1990-07-10 | 9 In the first place, it argues that, by introducing strict criminal liability, the Danish Government sought to extend the scope of Regulation No 543/69 and imposed on employers an obligation which is not provided for therein . In support of that assertion it refers to the Court' s judgment in Case 69/74 Auditeur de tr... | 61974CJ0069 | Auditeur du travail v Jean-Pierre Cagnon and Jean-Paul Taquet. | 10 | 10 AS A RESULT THE PHRASE 'SHALL HAVE HAD ... A ... REST PERIOD' IN THE FIRST PARAGRAPH OF ARTICLE 11 ( 2 ) OF REGULATION ( EEC ) NO 543/69 OF 25 MARCH 1969 MUST BE INTERPRETED AS MEANING THAT THE PROVISIONS ON DAILY REST MUST BE OBSERVED BOTH BY CREW MEMBERS THEMSELVES, WHO ARE REQUIRED TO STOP ALL ACTIVITIES REFERRED... | 1975-02-18 |
329 | 61988CJ0331 | The Queen v Minister of Agriculture, Fisheries and Food and Secretary of State for Health, ex parte: Fedesa and others. | 14 | 1990-11-13 | 14 However, with regard to judicial review of compliance with those conditions it must be stated that in matters concerning the common agricultural policy the Community legislature has a discretionary power which corresponds to the political responsibilities given to it by Articles 40 and 43 of the Treaty . Consequentl... | 61987CJ0265 | Hermann Schräder HS Kraftfutter GmbH & Co. KG v Hauptzollamt Gronau. | 21 | 21 The Court has consistently held that the principle of proportionality is one of the general principles of Community law . By virtue of that principle, measures imposing financial charges on economic operators are lawful provided that the measures are appropriate and necessary for meeting the objectives legitimately ... | 1989-07-11 |
330 | 61988CJ0331 | The Queen v Minister of Agriculture, Fisheries and Food and Secretary of State for Health, ex parte: Fedesa and others. | 14 | 1990-11-13 | 14 However, with regard to judicial review of compliance with those conditions it must be stated that in matters concerning the common agricultural policy the Community legislature has a discretionary power which corresponds to the political responsibilities given to it by Articles 40 and 43 of the Treaty . Consequentl... | 61987CJ0265 | Hermann Schräder HS Kraftfutter GmbH & Co. KG v Hauptzollamt Gronau. | 22 | 22 However, with regard to judicial review of compliance with the abovementioned conditions, it must be stated that, in matters concerning the common agricultural policy, the Community legislator has a discretionary power which corresponds to the political responsibilities imposed by Articles 40 and 43 . Consequently, ... | 1989-07-11 |
331 | 61988CJ0331 | The Queen v Minister of Agriculture, Fisheries and Food and Secretary of State for Health, ex parte: Fedesa and others. | 23 | 1990-11-13 | 23 As the Court has already held ( see judgment in United Kingdom v Council, cited above, paragraphs 21 and 22 ) with regard to Council Directive 85/649, mentioned above, which was identical to the directive at issue in these proceedings, in regulating conditions for the production and marketing of meat with a view to ... | 61986CJ0068 | United Kingdom of Great Britain and Northern Ireland v Council of the European Communities. | 21 | 21 IN VIEW OF THE CONTENT AND OBJECTIVES OF THE DIRECTIVE, IT MUST BE FOUND THAT, IN REGULATING CONDITIONS FOR THE PRODUCTION AND MARKETING OF MEAT WITH A VIEW TO IMPROVING ITS QUALITY, IT COMES INTO THE CATEGORY OF MEASURES PROVIDED FOR BY THE AFOREMENTIONED COMMON ORGANIZATIONS OF THE MARKETS IN MEAT AND THUS CONTRIB... | 1988-02-23 |
332 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 114 | 2001-03-06 | 114 Accordingly, the plea must be rejected.
The fourth plea in law: infringement of Article 12 of the Staff Regulations
16 The appellant submitted that the complaint that he had infringed Article 12 of the Staff Regulations was unlawful since it was in breach of the principle of freedom of expression laid down in Artic... | 61989CJ0260 | Elliniki Radiophonia Tiléorassi AE and Panellinia Omospondia Syllogon Prossopikou v Dimotiki Etairia Pliroforissis and Sotirios Kouvelas and Nicolaos Avdellas and others. | 41 | 41 With regard to Article 10 of the European Convention on Human Rights, referred to in the ninth and tenth questions, it must first be pointed out that, as the Court has consistently held, fundamental rights form an integral part of the general principles of law, the observance of which it ensures. For that purpose th... | 1991-06-18 |
333 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 114 | 2001-03-06 | 114 Accordingly, the plea must be rejected.
The fourth plea in law: infringement of Article 12 of the Staff Regulations
16 The appellant submitted that the complaint that he had infringed Article 12 of the Staff Regulations was unlawful since it was in breach of the principle of freedom of expression laid down in Artic... | 61995CJ0362 | Blackspur DIY Ltd, Steven Kellar, J.M.A. Glancy and Ronald Cohen v Council of the European Union and Commission of the European Communities. | 29 | 29 In any event, as the Court of Justice has repeatedly held, it is for the Court of First Instance alone to assess the value which should be attached to the items of evidence adduced before it (judgment in Case C-136/92 P Commission v Brazzelli Lualdi [1994] ECR I-1981, paragraph 66; order in San Marco v Commission, c... | 1997-09-16 |
334 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 114 | 2001-03-06 | 114 Accordingly, the plea must be rejected.
The fourth plea in law: infringement of Article 12 of the Staff Regulations
16 The appellant submitted that the complaint that he had infringed Article 12 of the Staff Regulations was unlawful since it was in breach of the principle of freedom of expression laid down in Artic... | 61972CJ0046 | Robert de Greef v Commission of the European Communities. | 45 | 45 THE FACTS ALLEGED AGAINST THE APPLICANT HAVING BEEN ESTABLISHED, THE CHOICE OF APPROPRIATE DISCIPLINARY MEASURE IS A MATTER FOR THE DISCIPLINARY AUTHORITY . | 1973-05-30 |
335 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 114 | 2001-03-06 | 114 Accordingly, the plea must be rejected.
The fourth plea in law: infringement of Article 12 of the Staff Regulations
16 The appellant submitted that the complaint that he had infringed Article 12 of the Staff Regulations was unlawful since it was in breach of the principle of freedom of expression laid down in Artic... | 61995CJ0007 | John Deere Ltd v Commission of the European Communities. | 22 | 22 The Court of Justice thus has no jurisdiction to establish the facts or, in principle, to examine the evidence which the Court of First Instance accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the rules of procedure in relation to the b... | 1998-05-28 |
336 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 114 | 2001-03-06 | 114 Accordingly, the plea must be rejected.
The fourth plea in law: infringement of Article 12 of the Staff Regulations
16 The appellant submitted that the complaint that he had infringed Article 12 of the Staff Regulations was unlawful since it was in breach of the principle of freedom of expression laid down in Artic... | 61988CJ0100 | Augustin Oyowe and Amadou Traore v Commission of the European Communities. | 16 | 16 Finally, it must be borne in mind that in any event the duty of allegiance to the Communities imposed on officials in the Staff Regulations cannot be interpreted in such a way as to conflict with freedom of expression, a fundamental right which the Court must ensure is respected in Community law, which is particular... | 1989-12-13 |
337 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 114 | 2001-03-06 | 114 Accordingly, the plea must be rejected.
The fourth plea in law: infringement of Article 12 of the Staff Regulations
16 The appellant submitted that the complaint that he had infringed Article 12 of the Staff Regulations was unlawful since it was in breach of the principle of freedom of expression laid down in Artic... | 61998CJ0352 | Laboratoires pharmaceutiques Bergaderm SA and Jean-Jacques Goupil v Commission of the European Communities. | 35 | 35 That requirement is not satisfied by an appeal which, without even including an argument specifically identifying the error of law allegedly vitiating the contested judgment, confines itself to reproducing the pleas in law and arguments previously submitted to the Court of First Instance. Such an appeal amounts in r... | 2000-07-04 |
338 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 114 | 2001-03-06 | 114 Accordingly, the plea must be rejected.
The fourth plea in law: infringement of Article 12 of the Staff Regulations
16 The appellant submitted that the complaint that he had infringed Article 12 of the Staff Regulations was unlawful since it was in breach of the principle of freedom of expression laid down in Artic... | 61992CJ0404 | X v Commission of the European Communities. | 18 | 18 However, the Court of Justice has held that restrictions may be imposed on fundamental rights provided that they in fact correspond to objectives of general public interest and do not constitute, with regard to the objectives pursued, a disproportionate and intolerable interference which infringes upon the very subs... | 1994-10-05 |
339 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 114 | 2001-03-06 | 114 Accordingly, the plea must be rejected.
The fourth plea in law: infringement of Article 12 of the Staff Regulations
16 The appellant submitted that the complaint that he had infringed Article 12 of the Staff Regulations was unlawful since it was in breach of the principle of freedom of expression laid down in Artic... | 61985CJ0403 | F v Commission of the European Communities. | 26 | 26 IN THAT REGARD, IT MUST BE STRESSED THAT THE PROVISIONS OF THE STAFF REGULATIONS ON DISCIPLINARY MEASURES ( ARTICLES 86 TO 89 ) DO NOT SPECIFY ANY FIXED RELATIONSHIP BETWEEN THE MEASURES PROVIDED FOR AND THE VARIOUS SORTS OF FAILURE BY OFFICIALS TO COMPLY WITH THEIR OBLIGATIONS; NOR DO THEY STATE THE EXTENT TO WHICH... | 1987-02-05 |
340 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 76 | 2001-03-06 | 76 Consequently, the third part of the plea must be rejected.
The inappropriate participation of the Chairman of the Disciplinary Board in the proceedings
10 In particular, the Court of First Instance held as follows:
82 In the present case, it is clear from the actual wording of the Disciplinary Board's opinion that i... | 61989CJ0260 | Elliniki Radiophonia Tiléorassi AE and Panellinia Omospondia Syllogon Prossopikou v Dimotiki Etairia Pliroforissis and Sotirios Kouvelas and Nicolaos Avdellas and others. | 41 | 41 With regard to Article 10 of the European Convention on Human Rights, referred to in the ninth and tenth questions, it must first be pointed out that, as the Court has consistently held, fundamental rights form an integral part of the general principles of law, the observance of which it ensures. For that purpose th... | 1991-06-18 |
341 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 76 | 2001-03-06 | 76 Consequently, the third part of the plea must be rejected.
The inappropriate participation of the Chairman of the Disciplinary Board in the proceedings
10 In particular, the Court of First Instance held as follows:
82 In the present case, it is clear from the actual wording of the Disciplinary Board's opinion that i... | 61972CJ0046 | Robert de Greef v Commission of the European Communities. | 45 | 45 THE FACTS ALLEGED AGAINST THE APPLICANT HAVING BEEN ESTABLISHED, THE CHOICE OF APPROPRIATE DISCIPLINARY MEASURE IS A MATTER FOR THE DISCIPLINARY AUTHORITY . | 1973-05-30 |
342 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 76 | 2001-03-06 | 76 Consequently, the third part of the plea must be rejected.
The inappropriate participation of the Chairman of the Disciplinary Board in the proceedings
10 In particular, the Court of First Instance held as follows:
82 In the present case, it is clear from the actual wording of the Disciplinary Board's opinion that i... | 61988CJ0100 | Augustin Oyowe and Amadou Traore v Commission of the European Communities. | 16 | 16 Finally, it must be borne in mind that in any event the duty of allegiance to the Communities imposed on officials in the Staff Regulations cannot be interpreted in such a way as to conflict with freedom of expression, a fundamental right which the Court must ensure is respected in Community law, which is particular... | 1989-12-13 |
343 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 76 | 2001-03-06 | 76 Consequently, the third part of the plea must be rejected.
The inappropriate participation of the Chairman of the Disciplinary Board in the proceedings
10 In particular, the Court of First Instance held as follows:
82 In the present case, it is clear from the actual wording of the Disciplinary Board's opinion that i... | 61996CJ0188 | Commission of the European Communities v V. | 26 | 26 On the question of the obligation to state reasons, it should be recalled that, in accordance with settled case-law, the statement of the reasons for a decision adversely affecting the person concerned must enable the Community judicature to exercise its review of legality and to provide that person with the informa... | 1997-11-20 |
344 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 76 | 2001-03-06 | 76 Consequently, the third part of the plea must be rejected.
The inappropriate participation of the Chairman of the Disciplinary Board in the proceedings
10 In particular, the Court of First Instance held as follows:
82 In the present case, it is clear from the actual wording of the Disciplinary Board's opinion that i... | 61995CJ0166 | Commission of the European Communities v Frédéric Daffix. | 23 | 23 In this regard, it should be observed that, according to the case-law, the statement of the reasons on which a decision adversely affecting a person is based must allow the Court to exercise its power of review as to its legality and must provide the person concerned with the information necessary to enable him to d... | 1997-02-20 |
345 | 61988CJ0331 | The Queen v Minister of Agriculture, Fisheries and Food and Secretary of State for Health, ex parte: Fedesa and others. | 23 | 1990-11-13 | 23 As the Court has already held ( see judgment in United Kingdom v Council, cited above, paragraphs 21 and 22 ) with regard to Council Directive 85/649, mentioned above, which was identical to the directive at issue in these proceedings, in regulating conditions for the production and marketing of meat with a view to ... | 61986CJ0068 | United Kingdom of Great Britain and Northern Ireland v Council of the European Communities. | 22 | 22 IT FOLLOWS FROM THE FOREGOING THAT THE DIRECTIVE AT ISSUE FALLS WITHIN THE SPHERE OF THE COMMON AGRICULTURAL POLICY AND THAT THE COUNCIL HAD THE POWER TO ADOPT IT ON THE BASIS OF ARTICLE 43 ALONE . | 1988-02-23 |
346 | 61988CJ0331 | The Queen v Minister of Agriculture, Fisheries and Food and Secretary of State for Health, ex parte: Fedesa and others. | 24 | 1990-11-13 | 24 Furthermore, the Court has consistently held ( see in particular judgments in Joined Cases 140, 146, 221 and 226/82 Walzstahl-Vereinigung and Thyssen v Commission [1984] ECR 951, paragraph 27, and Case 69/83 Lux v Court of Auditors [1984] ECR 2447, paragraph 30 ) that a decision may amount to a misuse of powers only... | 61982CJ0140 | Walzstahl-Vereinigung and Thyssen Aktiengesellschaft v Commission of the European Communities. | 27 | 27 IN ORDER TO RESOLVE THIS ISSUE IT IS USEFUL TO RECALL THAT IN ITS JUDGMENT OF 21 JUNE 1958 IN CASE 8/57 ( GROUPEMENT DES HAUTS FOURNEAUX ET ACIERIES BELGES V HIGH AUTHORITY ( 1958 ) ECR 245 ) THE COURT HELD THAT THE POWERS CONFERRED ON THE COMMISSION BY THE ECSC TREATY ARE LIMITED BY THE SPECIFIC PROVISIONS SET OUT ... | 1984-02-21 |
347 | 61988CJ0331 | The Queen v Minister of Agriculture, Fisheries and Food and Secretary of State for Health, ex parte: Fedesa and others. | 24 | 1990-11-13 | 24 Furthermore, the Court has consistently held ( see in particular judgments in Joined Cases 140, 146, 221 and 226/82 Walzstahl-Vereinigung and Thyssen v Commission [1984] ECR 951, paragraph 27, and Case 69/83 Lux v Court of Auditors [1984] ECR 2447, paragraph 30 ) that a decision may amount to a misuse of powers only... | 61983CJ0069 | Charles Lux v Court of Auditors of the European Communities. | 30 | 30 AS THE COURT HAS REPEATEDLY HELD ( SEE , IN PARTICULAR , ITS JUDGMENT OF 5 MAY 1966 IN JOINED CASES 18 AND 35/65 , GUTMANN , ( 1966 ) ECR 103 ), A DECISION MAY AMOUNT TO A MISUSE OF POWERS ONLY IF IT APPEARS , ON THE BASIS OF OBJECTIVE , RELEVANT AND CONSISTENT , TO HAVE BEEN TAKEN FOR PURPOSES OTHER THAN THOSE STAT... | 1984-06-21 |
348 | 61988CJ0331 | The Queen v Minister of Agriculture, Fisheries and Food and Secretary of State for Health, ex parte: Fedesa and others. | 26 | 1990-11-13 | 26 Furthermore, it should be stated that the agricultural policy objectives laid down in Article 39 of the Treaty include in particular the stabilization of markets . Moreover, Article 39(2)(b ) and ( c ) provides that in working out the common agricultural policy account must be taken of the need to effect the appropr... | 61986CJ0068 | United Kingdom of Great Britain and Northern Ireland v Council of the European Communities. | 10 | 10 THE AGRICULTURAL POLICY OBJECTIVES SET OUT IN ARTICLE 39 OF THE TREATY INCLUDE IN PARTICULAR THE INCREASING OF PRODUCTIVITY BY PROMOTING TECHNICAL PROGRESS AND BY ENSURING THE RATIONAL DEVELOPMENT OF AGRICULTURAL PRODUCTION AND THE OPTIMUM UTILIZATION OF THE FACTORS OF PRODUCTION . MOREOVER, ARTICLE 39 ( 2 ) ( B ) A... | 1988-02-23 |
349 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 76 | 2001-03-06 | 76 Consequently, the third part of the plea must be rejected.
The inappropriate participation of the Chairman of the Disciplinary Board in the proceedings
10 In particular, the Court of First Instance held as follows:
82 In the present case, it is clear from the actual wording of the Disciplinary Board's opinion that i... | 61998CJ0352 | Laboratoires pharmaceutiques Bergaderm SA and Jean-Jacques Goupil v Commission of the European Communities. | 35 | 35 That requirement is not satisfied by an appeal which, without even including an argument specifically identifying the error of law allegedly vitiating the contested judgment, confines itself to reproducing the pleas in law and arguments previously submitted to the Court of First Instance. Such an appeal amounts in r... | 2000-07-04 |
350 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 76 | 2001-03-06 | 76 Consequently, the third part of the plea must be rejected.
The inappropriate participation of the Chairman of the Disciplinary Board in the proceedings
10 In particular, the Court of First Instance held as follows:
82 In the present case, it is clear from the actual wording of the Disciplinary Board's opinion that i... | 61992CJ0404 | X v Commission of the European Communities. | 18 | 18 However, the Court of Justice has held that restrictions may be imposed on fundamental rights provided that they in fact correspond to objectives of general public interest and do not constitute, with regard to the objectives pursued, a disproportionate and intolerable interference which infringes upon the very subs... | 1994-10-05 |
351 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 76 | 2001-03-06 | 76 Consequently, the third part of the plea must be rejected.
The inappropriate participation of the Chairman of the Disciplinary Board in the proceedings
10 In particular, the Court of First Instance held as follows:
82 In the present case, it is clear from the actual wording of the Disciplinary Board's opinion that i... | 61985CJ0403 | F v Commission of the European Communities. | 26 | 26 IN THAT REGARD, IT MUST BE STRESSED THAT THE PROVISIONS OF THE STAFF REGULATIONS ON DISCIPLINARY MEASURES ( ARTICLES 86 TO 89 ) DO NOT SPECIFY ANY FIXED RELATIONSHIP BETWEEN THE MEASURES PROVIDED FOR AND THE VARIOUS SORTS OF FAILURE BY OFFICIALS TO COMPLY WITH THEIR OBLIGATIONS; NOR DO THEY STATE THE EXTENT TO WHICH... | 1987-02-05 |
352 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 76 | 2001-03-06 | 76 Consequently, the third part of the plea must be rejected.
The inappropriate participation of the Chairman of the Disciplinary Board in the proceedings
10 In particular, the Court of First Instance held as follows:
82 In the present case, it is clear from the actual wording of the Disciplinary Board's opinion that i... | 61996CJ0144 | Office national des pensions (ONP) v Maria Cirotti. | 21 | 21 It is sufficient to note in that regard that, according to paragraph 20 of the Cassamali judgment, cited above, Article 51(1) applies even where the benefit to be reduced due to index-linked increases in another benefit has been calculated in accordance with national provisions and not according to Article 46. | 1997-10-02 |
353 | 61999CJ0274 | Bernard Connolly v Commission of the European Communities. | 76 | 2001-03-06 | 76 Consequently, the third part of the plea must be rejected.
The inappropriate participation of the Chairman of the Disciplinary Board in the proceedings
10 In particular, the Court of First Instance held as follows:
82 In the present case, it is clear from the actual wording of the Disciplinary Board's opinion that i... | 61987CJ0265 | Hermann Schräder HS Kraftfutter GmbH & Co. KG v Hauptzollamt Gronau. | 15 | 15 The Court has recognized in particular, notably in the judgment in Case 44/79, cited above, that both the right to property and the freedom to pursue a trade or profession form part of the general principles of Community law . However, those principles do not constitute an unfettered prerogative, but must be viewed ... | 1989-07-11 |
354 | 61999CJ0280 | Moccia Irme SpA, Ferriera Lamifer SpA and Ferriera Acciaieria Casilina SpA v Commission of the European Communities. | 103 | 2001-06-21 | 103 That finding, which is in no way challenged by Lamifer, cannot in any event form the subject-matter of an appeal, if there has been no distortion by the Court of First Instance of the clear sense of the evidence (see the judgment in Hilti v Commission, cited above, at paragraph 42). | 61992CJ0053 | Hilti AG v Commission of the European Communities. | 42 | 42 It should be pointed out that the appraisal by the Court of First Instance of the evidence put before it does not constitute (save where the clear sense of that evidence has been distorted) a point of law which is subject, as such, to review by the Court of Justice. | 1994-03-02 |
355 | 61999CJ0280 | Moccia Irme SpA, Ferriera Lamifer SpA and Ferriera Acciaieria Casilina SpA v Commission of the European Communities. | 67 | 2001-06-21 | 67 The Court has also consistently held that, under Articles 113(2) and 116(1) of the Rules of Procedure of the Court of Justice, fresh submissions, not contained in the original application, cannot be raised in an appeal (see, inter alia, Case C-153/96 P De Rijk v Commission [1997] ECR I-2901, paragraph 18). | 61996CJ0153 | Jan Robert de Rijk v Commission of the European Communities. | 18 | 18 The Court has also consistently held that under Articles 113(2) and 116(1) of the Rules of Procedure of the Court of Justice fresh submissions not contained in the original application cannot be raised in an appeal (V v Parliament, paragraph 21). | 1997-05-29 |
356 | 61988CJ0331 | The Queen v Minister of Agriculture, Fisheries and Food and Secretary of State for Health, ex parte: Fedesa and others. | 29 | 1990-11-13 | 29 As regards the alleged inadequacy of the statement of reasons, the Court has already held at paragraphs 28 and 36 of its judgment in United Kingdom v Council that the reasons for the directive are sufficiently stated since its preamble gives a sufficiently clear statement of the objectives pursued . | 61986CJ0068 | United Kingdom of Great Britain and Northern Ireland v Council of the European Communities. | 28 | 28 IT SHOULD BE POINTED OUT, FIRST, THAT IT IS CLEAR FROM THE CONSIDERATIONS SET OUT ABOVE AS REGARDS THE LEGAL BASIS THAT THE RECITALS IN THE PREAMBLE TO THE DIRECTIVE GIVE A SUFFICIENTLY CLEAR STATEMENT OF THE OBJECTIVES PURSUED AND, SECONDLY, THAT HUMAN HEALTH AND THE PROTECTION OF CONSUMERS' INTERESTS ARE EXPRESSLY... | 1988-02-23 |
357 | 61988CJ0331 | The Queen v Minister of Agriculture, Fisheries and Food and Secretary of State for Health, ex parte: Fedesa and others. | 42 | 1990-11-13 | 42 As regards the first aspect, it should first be pointed out that the Court has held ( see in particular the judgment in Case 63/83 Regina v Kirk [1984] ECR 2689, paragraph 22 ) that the principle that penal provisions may not have retroactive effect is one which is common to all the legal orders of the Member States... | 61983CJ0063 | Regina v Kent Kirk. | 22 | 22 THE PRINCIPLE THAT PENAL PROVISIONS MAY NOT HAVE RETROACTIVE EFFECT IS ONE WHICH IS COMMON TO ALL THE LEGAL ORDERS OF THE MEMBER STATES AND IS ENSHRINED IN ARTICLE 7 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AS A FUNDAMENTAL RIGHT ; IT TAKES ITS PLACE AMONG THE GENERAL PR... | 1984-07-10 |
358 | 61988CJ0331 | The Queen v Minister of Agriculture, Fisheries and Food and Secretary of State for Health, ex parte: Fedesa and others. | 45 | 1990-11-13 | 45 As regards the retroactive effect of the directive at issue outside the criminal sphere, it should be recalled that, as the Court has already held on several occasions ( see in particular the judgment in Case C-337/88 Società agricola fattoria alimentare [1990] ECR I-1, paragraph 13 ), although in general the princi... | 61988CJ0337 | Società agricola fattoria alimentare SpA (SAFA) v Amministrazione delle finanze dello Stato. | 13 | 13 As the Court has already held, in particular in the aforementioned judgments, although in general the principle of legal certainty precludes a Community measure from taking effect from a point in time before its publication, it may exceptionally be otherwise where the purpose to be achieved so demands and where the ... | 1990-01-09 |
359 | 61988CJ0347 | Commission of the European Communities v Hellenic Republic. | 16 | 1990-12-13 | 16 In that regard it must be borne in mind first of all that, as the Court has consistently held ( see, in particular, the judgment in Case C-217/88 Commission v Germany [1990] ECR I-2879, paragraph 10 ) an application brought under Article 169 of the EEC Treaty can be based only on the arguments and submissions alread... | 61988CJ0217 | Commission of the European Communities v Federal Republic of Germany. | 10 | 10 According to the established case-law of the Court ( see, in particular, the judgment in Case 298/86 Commission v Belgium [1988] ECR 4343, paragraph 10 ), an application brought under Article 169 of the EEC Treaty can be based only on the arguments and submissions already set forth in the reasoned opinion . | 1990-07-10 |
360 | 61988CJ0347 | Commission of the European Communities v Hellenic Republic. | 24 | 1990-12-13 | 24 Furthermore, the Commission' s argument to the effect that the complaints relating to the "market trend" and "storage cost" factors merely develop an argument put forward during the pre-litigation procedure cannot be accepted . As the Court has held on several occasions ( see, in particular, the judgment in Case 274... | 61983CJ0274 | Commission of the European Communities v Italian Republic. | 21 | 21 ALTHOUGH IT FOLLOWS THAT THE REASONED OPINION PROVIDED FOR IN ARTICLE 169 OF THE EEC TREATY MUST CONTAIN A COHERENT AND DETAILED STATEMENT OF THE REASONS WHICH LED THE COMMISSION TO CONCLUDE THAT THE STATE IN QUESTION HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY , THE COURT CANNOT IMPOSE SUCH STRICT ... | 1985-03-28 |
361 | 61999CJ0297 | Criminal proceedings against Skills Motor Coaches Ltd, B.J. Farmer, C.J. Burley and B. Denman. | 19 | 2001-01-18 | 19 Those provisions seek to ensure that driving times and rest periods alternate, so that drivers do not remain at the wheel of their vehicles for periods of such length as to cause tiredness and jeopardise road safety (Van Swieten, cited above, paragraph 23). | 61992CJ0313 | Criminal proceedings against Van Swieten BV. | 23 | 23 With that in mind, Article 8(1) of Regulation No 3820/85 seeks, by providing that each period of 24 hours must include a minimum number of hours of rest per day, to ensure that driving times and rest periods alternate, so that drivers do not remain at the wheel of their vehicles for periods of such length as to caus... | 1994-06-02 |
362 | 61999CJ0310 | Italian Republic v Commission of the European Communities. | 86 | 2002-03-07 | 86 The relatively small amount of aid, or the relatively small size of the undertaking which receives it, does not as such exclude the possibility that intra-Community trade might be affected (Spain v Commission, cited above, paragraph 42). | 61992CJ0278 | Kingdom of Spain v Commission of the European Communities. | 42 | 42 It should be added that the relatively small amount of aid or the relatively small size of the undertaking which receives it does not as such exclude the possibility that intra-Community trade might be affected (judgment in Case C-142/87 Belgium v Commission [1990] ECR I-959, paragraph 43). | 1994-09-14 |
363 | 61988CJ0347 | Commission of the European Communities v Hellenic Republic. | 33 | 1990-12-13 | 33 Furthermore, Article 30 provides that quantitative restrictions on imports and all measures having equivalent effect are prohibited between Member States . As the Court has consistently held ( see, primarily, the judgment in Case 8/74 Procurer du Roi v Dassonville [1974] ECR 837, paragraph 5 ), that provision applie... | 61974CJ0008 | Procureur du Roi v Benoît and Gustave Dassonville. | 5 | 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 |
364 | 61988CJ0347 | Commission of the European Communities v Hellenic Republic. | 42 | 1990-12-13 | 42 Furthermore, as the Court has held(in particular, in the judgment in Case 78/82 Commission v Italy [1983] ECR 1955, paragraph 11 ), it is clear not only from the wording of Article 37 but also from its position in the general scheme of the Treaty that the article is designed to ensure compliance with the fundamental... | 61982CJ0078 | Commission of the European Communities v Italian Republic. | 11 | 11 IN THE FIRST PLACE IT SHOULD BE RECALLED , AS THE COURT HAS HELD , IN PARTICULAR , IN ITS JUDGMENTS OF 3 FEBRUARY 1976 ( CASE 59/75 PUBBLICO MINISTERO V MANGHERA ( 1976 ) ECR 91 ) AND OF 13 MARCH 1979 ( CASE 91/78 HANSEN V HAUPTZOLLAMT FLENSBURG ( 1979 ) ECR 935 ), THAT ARTICLE 37 OF THE TREATY DOES NOT DEMAND THE T... | 1983-06-07 |
365 | 61988CJ0347 | Commission of the European Communities v Hellenic Republic. | 48 | 1990-12-13 | 48 Admittedly, in its judgment in Case 72/83 Campus Oil Ltd v Minister for Industry and Energy [1984] ECR 2727, paragraph 51, the Court stated that a Member State which is totally or almost totally dependant on imports for its supplies of petroleum products may rely on grounds of public security within the meaning of A... | 61983CJ0072 | Campus Oil Limited and others v Minister for Industry and Energy and others. | 51 | 51 THE ANSWER TO THE SECOND QUESTION SHOULD THEREFORE BE THAT A MEMBER STATE WHICH IS TOTALLY OR ALMOST TOTALLY DEPENDENT ON IMPORTS FOR ITS SUPPLIES OF PETROLEUM PRODUCTS MAY RELY ON GROUNDS OF PUBLIC SECURITY WITHIN THE MEANING OF ARTICLE 36 OF THE TREATY FOR THE PURPOSE OF REQUIRING IMPORTERS TO COVER A CERTAIN PROP... | 1984-07-10 |
366 | 61999CJ0310 | Italian Republic v Commission of the European Communities. | 98 | 2002-03-07 | 98 In that regard, it must be borne in mind that the abolition, by means of recovery, of State aid which has been unlawfully granted is the logical consequence of a finding that it is unlawful (Case C-142/87 Belgium v Commission (Tubemeuse) [1990] ECR I-959, paragraph 66) and that the aim of obliging the State concerne... | 61987CJ0142 | Kingdom of Belgium v Commission of the European Communities. | 64 | 64 Consequently, the submission must be rejected . | 1990-03-21 |
367 | 61999CJ0326 | Stichting "Goed Wonen" v Staatssecretaris van Financiën. | 45 | 2001-10-04 | 45 As is clear from the actual wording of Article 13B(b) and C of the Sixth Directive, the latter has left the Member States wide discretion as to whether the transactions concerned are to be exempt or taxed (see Case C-12/98 Amengual Far [2000] ECR I-527, paragraph 13). | 61998CJ0012 | Miguel Amengual Far v Juan Amengual Far. | 13 | 13 Furthermore, it is clear from the actual words of Article 13B(b) and C of the Sixth Directive that the latter has left the Members States wide discretion as to whether the transactions concerned are to be exempt or taxed. | 2000-02-03 |
368 | 61999CJ0328 | Italian Republic and SIM 2 Multimedia SpA v Commission of the European Communities. | 53 | 2003-05-08 | 53. In that respect, it must be borne in mind that it is settled case-law that recovery of unlawful aid is the logical consequence of a finding that it is unlawful (see, in particular, Tubemeuse , cited above, paragraph 66, and Case C-261/99 Commission v France [2001] ECR I-2537, paragraph 22). | 61999CJ0261 | Commission of the European Communities v French Republic. | 22 | 22 It must next be borne in mind that it is settled case-law that recovery of unlawful aid is the logical consequence of a finding that it is unlawful (see, in particular, Case C-183/91 Commission v Greece [1993] ECR I-3131, paragraph 16, and Commission v Portugal, cited above, paragraph 38). | 2001-03-22 |
369 | 61999CJ0333 | Commission of the European Communities v French Republic. | 39 | 2001-02-01 | 39 The Court has already held, in its judgment in Case C-52/95 Commission v France [1995] ECR I-4443, paragraphs 29 and 30, that Article 11(2) of Regulation No 2241/87 requires Member States to adopt binding measures to prohibit on a provisional basis all fishing activity even before quotas are exhausted. | 61995CJ0052 | Commission of the European Communities v French Republic. | 30 | 30 Article 11(2) of Regulation No 2241/87 imposes the same requirement on the Member States. | 1995-12-07 |
370 | 61988CJ0347 | Commission of the European Communities v Hellenic Republic. | 58 | 1990-12-13 | 58 In that regard it must first be borne in mind that, as the Court stated in its judgment Campus Oil Ltd, cited above ( paragraph 35 ), the aim of ensuring a minimum supply of petroleum products at all times is capable of constituting an objective covered by the concept of public security within the meaning of Article... | 61989CJ0196 | Criminal proceedings against Enzo Nespoli and Giuseppe Crippa. | 15 | 15 Furthermore, in order to be permissible, such rules must be necessary for the attainment of the objective pursued and that objective must not be capable of being achieved by measures which are less restrictive of intra-Community trade . | 1990-10-11 |
371 | 61988CJ0350 | Société française des Biscuits Delacre e.a. v Commission of the European Communities. | 16 | 1990-02-14 | 16 It is not necessary, however, for details of all relevant factual and legal aspects to be given . The Court has consistently held that the question whether the statement of the grounds for a decision meets the requirements of Article 190 of the Treaty must be assessed with regard not only to its wording but also to ... | 61977CJ0092 | An Bord Bainne Co-Operative v Minister for Agriculture. | 36 | 36THE REASONS ON WHICH A PIECE OF LEGISLATION IS BASED MAY APPEAR NOT ONLY FROM ITS OWN WORDING , BUT ALSO FROM THE WHOLE BODY OF THE LEGAL RULES GOVERNING THE FIELD UNDER CONSIDERATION .
| 1978-02-23 |
372 | 61988CJ0350 | Société française des Biscuits Delacre e.a. v Commission of the European Communities. | 16 | 1990-02-14 | 16 It is not necessary, however, for details of all relevant factual and legal aspects to be given . The Court has consistently held that the question whether the statement of the grounds for a decision meets the requirements of Article 190 of the Treaty must be assessed with regard not only to its wording but also to ... | 61977CJ0092 | An Bord Bainne Co-Operative v Minister for Agriculture. | 37 | 37SITUATED IN THE CONTEXT OF THE RULES GOVERNING INTERVENTION ARRANGEMENTS LAID DOWN BY REGULATIONS NO 804/68 AND NO 985/68 OF THE COUNCIL , AND MORE PARTICULARLY IN THAT OF PRIVATE STORAGE AID , REGULATION NO 2517/74 MAKES IT POSSIBLE TO DISCERN THE REASONS JUSTIFYING THE ADDITION OF THE LAST SUBPARAGRAPH TO ARTICLE 2... | 1978-02-23 |
373 | 61988CJ0350 | Société française des Biscuits Delacre e.a. v Commission of the European Communities. | 33 | 1990-02-14 | 33 The Court has consistently held that whilst the principle of the protection of legitimate expectations is one of the fundamental principles of the Community, traders cannot have a legitimate expectation that an existing situation which is capable of being altered by the Community institutions in the exercise of thei... | 61981CJ0052 | Offene Handelsgesellschaft in Firma Werner Faust v Commission of the European Communities. | 27 | 27 THAT COMPLAINT MUST ALSO BE REJECTED . SINCE COMMUNITY INSTITUTIONS ENJOY A MARGIN OF DISCRETION IN THE CHOICE OF THE MEANS NEEDED TO ACHIEVE THEIR POLICIES , TRADERS ARE UNABLE TO CLAIM THAT THEY HAVE A LEGITIMATE EXPECTATION THAT AN EXISTING SITUATION WHICH IS CAPABLE OF BEING ALTERED BY DECISIONS TAKEN BY THOSE I... | 1982-10-28 |
374 | 61999CJ0334 | Federal Republic of Germany v Commission of the European Communities. | 116 | 2003-01-28 | 116. After the reunification of Germany that provision was not repealed either by the Treaty on European Union or by the Treaty of Amsterdam (Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 47). | 61998CJ0156 | Federal Republic of Germany v Commission of the European Communities. | 47 | 47 After the reunification of Germany that provision was not repealed either by the Treaty on European Union or by the Treaty of Amsterdam. | 2000-09-19 |
375 | 61988CJ0350 | Société française des Biscuits Delacre e.a. v Commission of the European Communities. | 33 | 1990-02-14 | 33 The Court has consistently held that whilst the principle of the protection of legitimate expectations is one of the fundamental principles of the Community, traders cannot have a legitimate expectation that an existing situation which is capable of being altered by the Community institutions in the exercise of thei... | 61981CJ0245 | Edeka Zentrale AG v Federal Republic of Germany. | 27 | 27 THAT ARGUMENT MUST ALSO BE REJECTED . SINCE COMMUNITY INSTITUTIONS ENJOY A MARGIN OF DISCRETION IN THE CHOICE OF THE MEANS NEEDED TO ACHIEVE THEIR POLICIES , TRADERS ARE UNABLE TO CLAIM THAT THEY HAVE A LEGITIMATE EXPECTATION THAT AN EXISTING SITUATION WHICH IS CAPABLE OF BEING ALTERED BY DECISIONS TAKEN BY THOSE IN... | 1982-07-15 |
376 | 61988CJ0350 | Société française des Biscuits Delacre e.a. v Commission of the European Communities. | 33 | 1990-02-14 | 33 The Court has consistently held that whilst the principle of the protection of legitimate expectations is one of the fundamental principles of the Community, traders cannot have a legitimate expectation that an existing situation which is capable of being altered by the Community institutions in the exercise of thei... | 61980CJ0112 | Firma Anton Dürbeck v Hauptzollamt Frankfurt am Main-Flughafen. | 33 | 33 EVEN IF IT ASSUMED THAT THE QUALITY OF IMPORTED APPLES WAS SUPERIOR TO THAT OF DOMESTIC APPLES IN THAT PERIOD , THE FACT STILL REMAINS THAT THE QUALITY OF DOMESTIC APPLES WAS NOT SO INFERIOR THAT THE TWO CATEGORIES OF APPLES WERE NOT LARGELY INTERCHANGEABLE .
| 1981-05-05 |
377 | 61988CJ0350 | Société française des Biscuits Delacre e.a. v Commission of the European Communities. | 34 | 1990-02-14 | 34 It follows that traders cannot claim a vested right to the maintenance of an advantage which they derive from the establishment of the common organization of the markets and which they enjoyed at a given time ( see paragraph 22 of the judgment of 27 September 1979 in Case 230/78 Eridiana-Zuccherifici Nazionali and A... | 61978CJ0230 | SpA Eridania-Zuccherifici nazionali and SpA Società Italiana per l'Industria degli Zuccheri v Minister of Agriculture and Forestry, Minister for Industry, Trade and Craft Trades, and SpA Zuccherifici Meridionali. | 22 | 22 IT FOLLOWS THAT AN UNDERTAKING CANNOT CLAIM A VESTED RIGHT TO THE MAINTENANCE OF AN ADVANTAGE WHICH IT OBTAINED FROM THE ESTABLISHMENT OF THE COMMON ORGANIZATION OF THE MARKET AND WHICH IT ENJOYED AT A GIVEN TIME . IN THOSE CIRCUMSTANCES A REDUCTION IN SUCH AN ADVANTAGE CANNOT BE CONSIDERED AS CONSTITUTING AN INFRIN... | 1979-09-27 |
378 | 61999CJ0334 | Federal Republic of Germany v Commission of the European Communities. | 94 | 2003-01-28 | 94. Accordingly, where aid which a Member State wishes to authorise under a code is not notified during the period laid down by the code for such notification, the Commission can no longer give a decision on the compatibility of that aid under that code (Case 214/83 Germany v Commission [1985] ECR 3053, paragr... | 61983CJ0214 | Federal Republic of Germany v Commission of the European Communities. | 47 | 47 CONSEQUENTLY THE COMMISSION WAS NOT ENTITLED TO AUTHORIZE AID IF THE PLANS TO GRANT OR ALTER THE AID HAD NOT BEEN NOTIFIED TO IT BY 30 SEPTEMBER 1982 . | 1985-10-03 |
379 | 61999CJ0340 | TNT Traco SpA v Poste Italiane SpA and Others. | 46 | 2001-05-17 | 46 As the Court has already held, an undertaking abuses its dominant position where it charges for its services fees which are unfair or disproportionate to the economic value of the service provided (see, inter alia, Case C-323/93 Centre d'Insémination de la Crespelle [1994] ECR I-5077, paragraph 25; and GT-Link, cite... | 61995CJ0242 | GT-Link A/S v De Danske Statsbaner (DSB). | 39 | 39 The Court has ruled that `unfair prices', for the purposes of Article 86(a), means prices which are excessive because they have no reasonable relation to the economic value of the service supplied (see, to that effect, United Brands, paragraph 250). | 1997-07-17 |
380 | 61999CJ0340 | TNT Traco SpA v Poste Italiane SpA and Others. | 56 | 2001-05-17 | 56 It must, however, be observed that, since Article 90(2) is a provision which permits, in certain circumstances, derogation from the rules of the Treaty, it must be restrictively interpreted (see, to that effect, GT-Link, cited above, paragraph 50). | 61995CJ0242 | GT-Link A/S v De Danske Statsbaner (DSB). | 50 | 50 Since Article 90(2) is a provision which permits, in certain circumstances, derogation from the rules of the Treaty, there must be a strict definition of those undertakings which can take advantage of it (Case 127/73 BRT v SABAM and NV Fonior [1974] ECR 313, paragraph 19). | 1997-07-17 |
381 | 61988CJ0350 | Société française des Biscuits Delacre e.a. v Commission of the European Communities. | 37 | 1990-02-14 | 37 Secondly, in view of the downward trend in stock levels which began in late 1986 and accelerated considerably during 1988, the applicants, as prudent and well-informed traders, should have foreseen the progressive increase in the selling price of butter and the concomitant reduction of the amount of aid, which are t... | 61977CJ0078 | Johann Lührs v Hauptzollamt Hamburg-Jonas. | 6 | 6IT FOLLOWS FROM THE STATED CIRCUMSTANCES THAT REGULATION NO 348/76 WAS ADOPTED PURSUANT TO AN OVERRIDING PUBLIC INTEREST , WHICH REQUIRED THAT THE RULES ADOPTED SHOULD ENTER INTO FORCE IMMEDIATELY .
INDEED , THE PROPER FUNCTIONING OF THE COMMON MARKET REQUIRED A MEASURE TO RESTRAIN A DEVELOPMENT WHEREBY RISING PRICES... | 1978-02-01 |
382 | 61988CJ0357 | Oberhausener Kraftfutterwerk Wilhelm Hopermann GmbH v Bundesanstalt für landwirtschaftliche Marktordnung. | 14 | 1990-05-02 | 14 On that point, the Court has consistently held that, in order to determine whether a provision of Community law is consonant with the principle of proportionality, it is necessary to establish, in the first place, whether the means it employs to achieve its aim correspond to the importance of the aim and, in the sec... | 61984CJ0266 | Denkavit France SARL v Fonds d'orientation et de régularisation des marchés agricoles (FORMA). | 17 | 17 ACCORDING TO A CONSISTENT LINE OF DECISIONS OF THE COURT , IN ORDER TO DETERMINE WHETHER A PROVISION OF COMMUNITY LAW IS CONSONANT WITH THE PRINCIPLE OF PROPORTIONALITY IT IS NECESSARY TO ESTABLISH , IN THE FIRST PLACE , WHETHER THE MEANS IT EMPLOYS TO ACHIEVE ITS AIM CORRESPOND TO THE IMPORTANCE OF THE AIM AND , IN... | 1986-01-22 |
383 | 61988CJ0358 | Oberhausener Kraftfutterwerk Wilhelm Hopermann GmbH v Bundesanstalt für landwirtschaftliche Marktordnung. | 13 | 1990-05-02 | 13 On that point, the Court has consistently held that, in order to determine whether a provision of Community law is consonant with the principle of proportionality, it is necessary to establish, in the first place, whether the means it employs to achieve its aim correspond to the importance of the aim and, in the sec... | 61984CJ0266 | Denkavit France SARL v Fonds d'orientation et de régularisation des marchés agricoles (FORMA). | 17 | 17 ACCORDING TO A CONSISTENT LINE OF DECISIONS OF THE COURT , IN ORDER TO DETERMINE WHETHER A PROVISION OF COMMUNITY LAW IS CONSONANT WITH THE PRINCIPLE OF PROPORTIONALITY IT IS NECESSARY TO ESTABLISH , IN THE FIRST PLACE , WHETHER THE MEANS IT EMPLOYS TO ACHIEVE ITS AIM CORRESPOND TO THE IMPORTANCE OF THE AIM AND , IN... | 1986-01-22 |
384 | 61988CJ0361 | Commission of the European Communities v Federal Republic of Germany. | 24 | 1991-05-30 | 24 It must first be pointed out that the fact that a practice is in conformity with the requirements of a directive in the matter of protection 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 transpar... | 61987CJ0339 | Commission of the European Communities v Kingdom of the Netherlands. | 25 | 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 direc... | 1990-03-15 |
385 | 61999CJ0363 | Koninklijke KPN Nederland NV v Benelux-Merkenbureau. | 68 | 2004-02-12 | 68. Furthermore, according to the Court ' s case-law, the various grounds for refusing registration set out in Article 3 of the Directive must be interpreted in the light of the public interest underlying each of them (see in particular Case C-299/99 Philips [2002] ECR I-5475, paragraph 77, Linde , paragraph 71, an... | 62001CJ0104 | Libertel Groep BV v Benelux-Merkenbureau. | 51 | 51. The various grounds for refusing registration in Article 3 of the Directive must therefore be interpreted in the light of the public interest underlying each of them (Case C-299/99 Philips [2002] ECR I-5475, paragraph 77). | 2003-05-06 |
386 | 61999CJ0363 | Koninklijke KPN Nederland NV v Benelux-Merkenbureau. | 68 | 2004-02-12 | 68. Furthermore, according to the Court ' s case-law, the various grounds for refusing registration set out in Article 3 of the Directive must be interpreted in the light of the public interest underlying each of them (see in particular Case C-299/99 Philips [2002] ECR I-5475, paragraph 77, Linde , paragraph 71, an... | 61999CJ0299 | Koninklijke Philips Electronics NV v Remington Consumer Products Ltd. | 77 | 77 The various grounds for refusal of registration listed in Article 3 of the Directive must be interpreted in the light of the public interest underlying each of them (see, to that effect, Windsurfing Chiemsee, paragraphs 25 to 27). | 2002-06-18 |
387 | 61999CJ0366 | Joseph Griesmar v Ministre de l'Economie, des Finances et de l'Industrie and Ministre de la Fonction publique, de la Réforme de l'Etat et de la Décentralisation. | 75 | 2001-11-29 | 75 It is also settled case-law that the financial consequences which might ensue for a Member State from a preliminary ruling do not in themselves justify limiting the temporal effect of the ruling (Grzelczyk, paragraph 52). | 61999CJ0184 | Rudy Grzelczyk v Centre public d'aide sociale d'Ottignies-Louvain-la-Neuve. | 52 | 52 It is also settled in case-law that the financial consequences which might ensue for a Member State from a preliminary ruling do not in themselves justify limiting the temporal effect of the ruling (see, in particular, Buchner and Others, paragraph 41). | 2001-09-20 |
388 | 61988CJ0366 | French Republic v Commission of the European Communities. | 9 | 1990-10-09 | 9 It must also be observed that in principle internal instructions have effects only within the administration itself and give rise to no rights or obligations on the part of third parties . They do not therefore constitute acts adversely affecting any person, against which, as such, an action for annulment can be brou... | 61984CJ0190 | Parti écologiste "Les Verts" v European Parliament. | 8 | 8 DE TELS ACTES NE PRODUISANT D' EFFETS JURIDIQUES QUE DANS LA SPHERE INTERNE DE L' ADMINISTRATION, ILS NE CREENT PAS DE DROITS OU D' OBLIGATIONS DANS LE CHEF DE TIERS . ILS NE CONSTITUENT DONC PAS DES DECISIONS FAISANT GRIEF . LE RECOURS DOIT EN CONSEQUENCE ETRE REJETE COMME IRRECEVABLE . | 1988-02-25 |
389 | 61988CJ0367 | Commission of the European Communities v Ireland. | 7 | 1990-12-06 | 7 It should be pointed out that, as the Court has consistently held ( see, most recently, the judgment of 12 June 1990 in Case C-158/88 Commission v Ireland [1990] ECR I-2367, paragraph 7 ), in the area in question Member States are left only with the restricted power given to them by the actual provisions of the direc... | 61988CJ0158 | Commission of the European Communities v Ireland. | 7 | 7 This argument cannot be accepted . It is clear from the Court' s case-law ( see in particular the judgment of 14 February 1984 in Case 278/82 Rewe II (( 1984 )) ECR 721, paragraph 31 ) that in the area in question Member States are left with only the restricted power given to them by the actual provisions of the dire... | 1990-06-12 |
390 | 61988CJ0369 | Criminal proceedings against Jean-Marie Delattre. | 16 | 1991-03-21 | 16 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 mean... | 61982CJ0227 | Criminal proceedings against Leendert van Bennekom. | 22 | 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... | 1983-11-30 |
391 | 61988CJ0369 | Criminal proceedings against Jean-Marie Delattre. | 52 | 1991-03-21 | 52 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 ... | 61988CJ0025 | Criminal proceedings against Esther Renée Bouchara, née Wurmser, and Norlaine SA. | 10 | 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... | 1989-05-11 |
392 | 61988CJ0370 | Procurator Fiscal v Andrew Marshall. | 22 | 1990-11-13 | 22 As far as Article 40(3 ) of the Treaty is concerned, it follows from the judgment in Case 207/86 Apesco v Commission [1988] ECR 2151, paragraph 23, that the Member States must comply with the principle of equality when they are adopting measures, concerning only their own nationals, pursuant to a Community regulatio... | 61986CJ0207 | Asociación Profesional de Empresarios de Pesca Comunitarios (Apesco) v Commission of the European Communities. | 23 | 23 IT FOLLOWS THAT THE SPANISH AUTHORITIES MUST CARRY OUT THEIR SELECTION IN ACCORDANCE WITH RULES OF NATIONAL LAW . IN THAT SELECTION THEY MUST ALSO, HOWEVER, COMPLY WITH THE PRINCIPLE OF EQUALITY ENUNCIATED IN ARTICLE 40 ( 3 ) OF THE TREATY WHICH, AS THE COURT HELD IN ITS JUDGMENT OF 25 NOVEMBER 1986 IN JOINED CASES ... | 1988-04-26 |
393 | 61999CJ0374 | Kingdom of Spain v Commission of the European Communities. | 14 | 2001-09-13 | 14 It must be observed at the outset that only intervention undertaken in accordance with the Community rules in the framework of the common organisation of agricultural markets is to be financed by the EAGGF (see Case C-247/98 Greece v Commission [2001] ECR I-1, paragraph 7, and Case C-278/98 Netherlands v Commission ... | 61998CJ0278 | Kingdom of the Netherlands v Commission of the European Communities. | 38 | 38 It must be observed at the outset that only intervention undertaken in accordance with the Community rules in the framework of the common organisation of agricultural markets is to be financed by the EAGGF (see Case C-253/97 Italy v Commission [1999] ECR I-7529, paragraph 6). | 2001-03-06 |
394 | 61999CJ0375 | Kingdom of Spain v Commission of the European Communities. | 13 | 2001-09-13 | 13 It must be observed at the outset that only intervention undertaken in accordance with the Community rules in the framework of the common organisation of agricultural markets is to be financed by the EAGGF (see Case C-247/98 Greece v Commission [2001] ECR I-1, paragraph 7, and Case C-278/98 Netherlands v Commission ... | 61998CJ0278 | Kingdom of the Netherlands v Commission of the European Communities. | 38 | 38 It must be observed at the outset that only intervention undertaken in accordance with the Community rules in the framework of the common organisation of agricultural markets is to be financed by the EAGGF (see Case C-253/97 Italy v Commission [1999] ECR I-7529, paragraph 6). | 2001-03-06 |
395 | 61988CJ0370 | Procurator Fiscal v Andrew Marshall. | 27 | 1990-11-13 | 27 Lastly, as regards the question of any interference with the right to exercise a professional activity, it must be borne in mind that, as the Court held in its judgment in Case 234/85 Keller [1986] ECR 2897, paragraph 8, limitations may be placed on the exercise of that right if they are justified by the objectives ... | 61985CJ0234 | Staatsanwaltschaft Freiburg v Franz Keller. | 8 | 8 HOWEVER , AS THE COURT HAS HELD , THE FREEDOM TO PURSUE ONE ' S TRADE OR PROFESSION IS PART OF THE GENERAL PRINCIPLES OF LAW , THE OBSERVANCE OF WHICH IT ENSURES . JUST AS , IN THE PUBLIC INTEREST , LIMITATIONS ARE LAID DOWN ON THE EXERCISE OF THAT RIGHT BY THE MEMBER STATES , IT IS PROTECTED WITHIN THE COMMUNITY LEG... | 1986-10-08 |
396 | 61989CJ0001 | Ingrid Raab v Hauptzollamt Berlin-Packhof. | 12 | 1989-12-13 | 12 It should be observed at the outset that, although an exemption from customs duty was provided for goods covered by Chapter 99 of the Common Customs Tariff in order to promote artistic production ( see judgment of 14 December 1988 in Case 291/87 Huber v Hauptzollamt Frankfurt am Main Flughafen (( 1988 )) ECR 6449, p... | 61987CJ0291 | Volker Huber v Hauptzollamt Frankfurt am Main-Flughafen. | 16 | 16 Heading 99.02 of the Common Customs Tariff provides for an exemption from customs duties for the goods referred to therein with the evident intention of giving favourable treatment to artistic production . | 1988-12-14 |
397 | 61989CJ0001 | Ingrid Raab v Hauptzollamt Berlin-Packhof. | 14 | 1989-12-13 | 14 In this regard the Court has already held ( see judgment in Case 291/87, Huber, cited above, paragraphs 17 and 18 ) that works covered by Heading No 99.02 of the Common Customs Tariff are always a reproduction of an original design executed by hand by the artist, without any mechanical or photomechanical process bei... | 61987CJ0291 | Volker Huber v Hauptzollamt Frankfurt am Main-Flughafen. | 17 | 17 Since a lithograph is always a reproduction of an original design executed by hand by the artist, its artistic nature can only be assessed in relation to the original . Once the design has been made by the artist on the stone or the plate without the assistance of a mechanical or photomechanical process it is irrele... | 1988-12-14 |
398 | 61989CJ0001 | Ingrid Raab v Hauptzollamt Berlin-Packhof. | 14 | 1989-12-13 | 14 In this regard the Court has already held ( see judgment in Case 291/87, Huber, cited above, paragraphs 17 and 18 ) that works covered by Heading No 99.02 of the Common Customs Tariff are always a reproduction of an original design executed by hand by the artist, without any mechanical or photomechanical process bei... | 61987CJ0291 | Volker Huber v Hauptzollamt Frankfurt am Main-Flughafen. | 18 | 18 If Note 2 of Chapter 99 of the Common Customs Tariff is interpreted by reference to the objective of tariff Heading 99.02, the exclusion of mechanical or photomechanical processes can only relate to the making of the original plate from which the impressions are produced . | 1988-12-14 |
399 | 61989CJ0001 | Ingrid Raab v Hauptzollamt Berlin-Packhof. | 23 | 1989-12-13 | 23 Photographs are expressly referred to in subheading 49.11 B of the Common Customs Tariff . This subheading does not draw any distinction according to whether or not the photographs are of an artistic nature, and the Court has held ( in its judgment in Case 23/77 Westfaelischer Kunstverein, cited above, paragraph 5 )... | 61977CJ0023 | Westfälischer Kunstverein v Hauptzollamt Münster. | 5 | 5 BOTH THE WORDING AND THE GENERAL SCHEME OF CHAPTER 49 OF THE COMMON CUSTOMS TARIFF SHOW THAT SUBHEADING 49.11 B IS A RESIDUAL HEADING WHICH COVERS ALL ARTISTIC PRINTED MATTER NOT LISTED OR REFERRED TO ELSEWHERE .
THAT FINDING IS CONFIRMED BY THE EXPLANATORY NOTES TO THE BRUSSELS NOMENCLATURE IN THE GENERAL EXPLANATO... | 1977-10-27 |
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