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61987CJ0175

Matsushita Electric Industrial Co. Ltd and Matsushita Electric Trading Co. Ltd v Council of the European Communities.

1992-03-10

32 It emerges from the case-law of the Court (see in particular the judgment in Case 250/85 Brother v Council cited above, at paragraph 18) that 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 consequently it is the expenses relating to sales on the domestic market which must be taken into account, even if that product is not sold there but is sold for export. Accordingly it must be held that the institutions were right to refuse to use data relating to a market other than the domestic market of the country of origin or exporting country.

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

61987CJ0175

Matsushita Electric Industrial Co. Ltd and Matsushita Electric Trading Co. Ltd v Council of the European Communities.

1992-03-10

34 It should lastly be recalled, as regards the argument that the profit margin of 5% taken into account in calculating the constructed normal value for sales to OEMs is insufficient, that in ruling on a similar plea in law, also seeking the annulment of Regulation No 535/87, the Court held in the judgment in Joined Cases C-133/87 and C-150/87 Nashua Corporation v Commission and Council [1990] ECR 719, at paragraph 33, that the institutions had taken into consideration the difference between the costs and profits associated with sales to OEMs and the equivalent figures for other sales. However, because the institutions had found it impossible to gauge that difference accurately, in constructing the normal value of products sold to OEMs they set the profit margin at 5% instead of its average rate, estimated at 14.6%, applied to sales under the manufacturers' own brand names.

61987CJ0133

Nashua Corporation and others v Commission and Council of the European Communities.

33 It is apparent from the documents before the Court that the institutions took into consideration the difference between the costs and profits associated with sales to OEMs and the equivalent figures for other sales . Indeed, it was for that purpose, and because the institutions found it impossible to gauge that difference accurately, that in constructing the normal value they set the profit margin at 5% instead of its average rate, estimated at 14.6%, and applied that margin to sales under the manufacturers' own brand names .

1990-03-14

61987CJ0175

Matsushita Electric Industrial Co. Ltd and Matsushita Electric Trading Co. Ltd v Council of the European Communities.

1992-03-10

57 It should be noted in this connection that when the same argument was relied on by the applicant in Case C-156/87 Gestetner, cited above, the Court pointed out at paragraph 57 that, with regard to imports of PPCs supplied by Fuji Xerox from Japan, the institutions took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection. According to the information obtained the decision was a management decision taken by the Xerox group of companies. However, the volume of those imports was minimal in relation to the entire range of PPCs produced by Rank Xerox within the Community and in relation to the Community market as a whole (1%), and the resale prices were the same as the prices of equivalent machines produced by Rank Xerox.

61987CJ0156

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

57 Secondly, with regard to imports of plain paper photocopiers supplied by Fuji Xerox from Japan, the Council and the Commission took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection . According to the information obtained the decision was a management decision taken by the Xerox group of companies . However, the volume of those imports was minimal in relation to the entire range of plain paper photocopiers produced by Rank Xerox within the Community and in relation to the Community market as a whole ( 1 %), and the resale prices were the same as the prices of equivalent machines produced by Rank Xerox .

1990-03-14

61994CJ0321

Criminal proceedings against Jacques Pistre (C-321/94), Michèle Barthes (C-322/94), Yves Milhau (C-323/94) and Didier Oberti (C-324/94).

1997-05-07

43 According to settled case-law (judgment in Case 8/74 Dassonville [1974] ECR 837, paragraph 5), the prohibition laid down in Article 30 of the Treaty covers all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade.

61974CJ0008

Procureur du Roi v Benoît and Gustave Dassonville.

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

1974-07-11

61994CJ0321

Criminal proceedings against Jacques Pistre (C-321/94), Michèle Barthes (C-322/94), Yves Milhau (C-323/94) and Didier Oberti (C-324/94).

1997-05-07

52 According to settled case-law, domestic legislation of that kind, since it is discriminatory in character, may be justified only on one of the grounds mentioned in Article 36 of the Treaty (see, to this effect, the judgment in Case 113/80 Commission v Ireland [1981] ECR 1625, paragraphs 8 and 11).

61980CJ0113

Commission of the European Communities v Ireland.

8 IN VIEW OF THE FACT THAT NEITHER THE PROTECTION OF CONSUMERS NOR THE FAIRNESS OF COMMERCIAL TRANSACTIONS IS INCLUDED AMONGST THE EXCEPTIONS SET OUT IN ARTICLE 36 , THOSE GROUNDS CANNOT BE RELIED UPON AS SUCH IN CONNEXION WITH THAT ARTICLE .

1981-06-17

61995CJ0003

Reisebüro Broede v Gerd Sandker.

1996-12-12

42 Whilst it is true that debt-collection agencies are not subject to legal regulation in France, the fact that one Member State imposes less strict rules than another Member State does not mean that the latter's rules are disproportionate and hence incompatible with Community law (Case C-348/93 Alpine Investments v Minister van Financiën [1995] ECR I-1141, paragraph 51).

61993CJ0384

Alpine Investments BV v Minister van Financiën.

51 That point of view cannot be accepted. As the Advocate General correctly states in point 88 of his Opinion, the fact that one Member State imposes less strict rules than another Member State does not mean that the latter' s rules are disproportionate and hence incompatible with Community law.

1995-05-10

61987CJ0175

Matsushita Electric Industrial Co. Ltd and Matsushita Electric Trading Co. Ltd v Council of the European Communities.

1992-03-10

61 That argument cannot be accepted. As the Court held in its judgment in Case C-156/87 Gestetner, at paragraph 47, Olivetti and Océ imported PPCs from Japan so as to be able to offer their customers a full range of models. Those PPCs, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between 35 and 40% of sales and rentals of new machines placed on the market over the period from 1981 to July 1985. The attempts of both producers to develop and market a full range of models failed, however, because of the depressed market prices imposed by Japanese imports.

61987CJ0156

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

47 According to the Council and the Commission, Olivetti and Océ imported plain paper photocopiers from Japan so as to be able to offer their customers a full range of models . Those photocopiers, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between 35 and 40% of sales and rentals of new machines placed on the market over the period from 1981 to July 1985 . The attempts of both producers to develop and market a full range of models failed, however, because of the depressed market prices imposed by Japanese imports .

1990-03-14

61987CJ0175

Matsushita Electric Industrial Co. Ltd and Matsushita Electric Trading Co. Ltd v Council of the European Communities.

1992-03-10

81 It should be borne in mind that, as the Court held in its judgment in C-156/87 Gestetner, at paragraph 63, the question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations and judicial review of such an appraisal must be limited 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.

61987CJ0156

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

63 The question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations . As the Court has held, in particular in its judgment of 7 May 1987 in Case 255/84 Nachi Fujikoshi v Council (( 1987 )) ECR 1861, paragraph 21, judicial review of such an appraisal must be limited 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 .

1990-03-14

61987CJ0176

Konishiroku Photo Industry Co. Ltd v Council of the European Communities.

1992-03-10

19 It should be noted in this connection that when the same argument was relied on by the applicant in Case C-156/87 Gestetner, cited above, the Court pointed out at paragraph 57 that, with regard to imports of PPCs supplied by Fuji Xerox from Japan, the institutions took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection. According to the information obtained the decision was a management decision taken by the Xerox group of companies. However, the volume of those imports was minimal in relation to the entire range of PPCs produced by Rank Xerox within the Community and in relation to the Community market as a whole (1%), and the resale prices were the same as the prices of equivalent machines produced by Rank Xerox.

61987CJ0156

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

57 Secondly, with regard to imports of plain paper photocopiers supplied by Fuji Xerox from Japan, the Council and the Commission took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection . According to the information obtained the decision was a management decision taken by the Xerox group of companies . However, the volume of those imports was minimal in relation to the entire range of plain paper photocopiers produced by Rank Xerox within the Community and in relation to the Community market as a whole ( 1 %), and the resale prices were the same as the prices of equivalent machines produced by Rank Xerox .

1990-03-14

61987CJ0176

Konishiroku Photo Industry Co. Ltd v Council of the European Communities.

1992-03-10

23 That argument cannot be accepted. As the Court held in its judgment in Case C-156/87 Gestetner, at paragraph 47, Olivetti and Océ imported PPCs from Japan so as to be able to offer their customers a full range of models. Those PPCs, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between 35 and 40% of sales and rentals of new machines placed on the market over the period from 1981 to July 1985. The attempts of both producers to develop and market a full range of models failed, however, because of the depressed market prices imposed by Japanese imports.

61987CJ0156

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

47 According to the Council and the Commission, Olivetti and Océ imported plain paper photocopiers from Japan so as to be able to offer their customers a full range of models . Those photocopiers, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between 35 and 40% of sales and rentals of new machines placed on the market over the period from 1981 to July 1985 . The attempts of both producers to develop and market a full range of models failed, however, because of the depressed market prices imposed by Japanese imports .

1990-03-14

61995CJ0009

Kingdom of Belgium and Federal Republic of Germany v Commission of the European Communities.

1997-02-04

23 Application of Article 30 is subject to the condition that the specific measures which the Commission must adopt are intended to assist transition from national arrangements to the common organization of the market and that they are necessary for that purpose (T. Port, cited above, paragraph 35).

61995CJ0068

T. Port GmbH & Co. KG v Bundesanstalt für Landwirtschaft und Ernährung.

35 Application of Article 30 is subject to the condition that the specific measures which the Commission must adopt are intended to assist transition from national arrangements to the common organization of the market and that they are necessary for that purpose.

1996-11-26

61995CJ0009

Kingdom of Belgium and Federal Republic of Germany v Commission of the European Communities.

1997-02-04

24 Those transitional measures must address difficulties encountered after establishment of the common organization of the market but originating in the state of national markets prior to adoption of the contested regulations (T. Port, paragraph 36).

61995CJ0068

T. Port GmbH & Co. KG v Bundesanstalt für Landwirtschaft und Ernährung.

36 Those transitional measures must address difficulties encountered after establishment of the common organization of the market but originating in the state of national markets prior to adoption of the Regulation.

1996-11-26

61987CJ0176

Konishiroku Photo Industry Co. Ltd v Council of the European Communities.

1992-03-10

43 It should be borne in mind that, as the Court held in its judgment in C-156/87 Gestetner, at paragraph 63, the question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations and judicial review of such an appraisal must be limited 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.

61987CJ0156

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

63 The question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations . As the Court has held, in particular in its judgment of 7 May 1987 in Case 255/84 Nachi Fujikoshi v Council (( 1987 )) ECR 1861, paragraph 21, judicial review of such an appraisal must be limited 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 .

1990-03-14

61987CJ0177

Sanyo Electric Co. Ltd v Council of the European Communities.

1992-03-10

19 It should be noted in this connection that when the same argument was relied on by the applicant in Case C-156/87 Gestetner, cited above, the Court pointed out at paragraph 57 that, with regard to imports of PPCs supplied by Fuji Xerox from Japan, the institutions took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection. According to the information obtained the decision was a management decision taken by the Xerox group of companies. However, the volume of those imports was minimal in relation to the entire range of PPCs produced by Rank Xerox within the Community and in relation to the Community market as a whole (1%), and the resale prices were the same as the prices of equivalent machines produced by Rank Xerox.

61987CJ0156

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

57 Secondly, with regard to imports of plain paper photocopiers supplied by Fuji Xerox from Japan, the Council and the Commission took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection . According to the information obtained the decision was a management decision taken by the Xerox group of companies . However, the volume of those imports was minimal in relation to the entire range of plain paper photocopiers produced by Rank Xerox within the Community and in relation to the Community market as a whole ( 1 %), and the resale prices were the same as the prices of equivalent machines produced by Rank Xerox .

1990-03-14

61987CJ0177

Sanyo Electric Co. Ltd v Council of the European Communities.

1992-03-10

23 That argument cannot be accepted. As the Court held in its judgment in Case C-156/87 Gestetner, at paragraph 47, Olivetti and Océ imported PPCs from Japan so as to be able to offer their customers a full range of models. Those PPCs, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between 35 and 40% of sales and rentals of new machines placed on the market over the period from 1981 to July 1985. The attempts of both producers to develop and market a full range of models failed, however, because of the depressed market prices imposed by Japanese imports.

61987CJ0156

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

47 According to the Council and the Commission, Olivetti and Océ imported plain paper photocopiers from Japan so as to be able to offer their customers a full range of models . Those photocopiers, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between 35 and 40% of sales and rentals of new machines placed on the market over the period from 1981 to July 1985 . The attempts of both producers to develop and market a full range of models failed, however, because of the depressed market prices imposed by Japanese imports .

1990-03-14

61987CJ0177

Sanyo Electric Co. Ltd v Council of the European Communities.

1992-03-10

43 It should be borne in mind that, as the Court held in its judgment in C-156/87 Gestetner, at paragraph 63, the question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations and judicial review of such an appraisal must be limited 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.

61987CJ0156

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

63 The question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations . As the Court has held, in particular in its judgment of 7 May 1987 in Case 255/84 Nachi Fujikoshi v Council (( 1987 )) ECR 1861, paragraph 21, judicial review of such an appraisal must be limited 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 .

1990-03-14

61995CJ0013

Ayse Süzen v Zehnacker Gebäudereinigung GmbH Krankenhausservice.

1997-03-11

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

61994CJ0048

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

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

1995-09-19

61995CJ0016

Commission of the European Communities v Kingdom of Spain.

1995-12-14

8 As regards Article 7(4) of the directive, it is established case-law that Member States are obliged to ensure that the provisions of a directive are applied exactly and in full (see, in particular, the judgment in Case C-287/91 Commission v Italy [1992] ECR I-3515, paragraph 7).

61991CJ0287

Commission of the European Communities v Italian Republic.

7 The Court has consistently held that Member States are obliged to ensure that the provisions of a directive are applied exactly and in full (see, in particular, the judgments in Cases 91/79 and 92/79 Commission v Italy [1980] ECR 1099, at paragraph 6).

1992-06-03

61995CJ0084

Bosphorus Hava Yollari Turizm ve Ticaret AS v Minister for Transport, Energy and Communications and others.

1996-07-30

11 As the Court has stated in its case-law, in interpreting a provision of Community law it is necessary to consider its wording, its context and its aims (Case 337/82 St. Nikolaus Brennerei v Hauptzollamt Krefeld [1984] ECR 1051, paragraph 10; Case C-83/94 Leifer and Others [1995] ECR I-3231, paragraph 22).

61982CJ0337

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

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

1984-02-21

61987CJ0178

Minolta Camera Co. Ltd v Council of the European Communities.

1992-03-10

10 As the Court has already held, in particular in its judgment in Case 250/85 Brother v Council [1988] ECR 5683, at paragraph 16, the division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which organizes in that way activities that, in other cases, are carried on by what is in legal terms as well a single entity.

61985CJ0250

Brother Industries Ltd v Council of the European Communities.

16 The division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which organizes in that way activities that, in other cases, are carried on by what is in legal terms as well a single entity .

1988-10-05

61987CJ0178

Minolta Camera Co. Ltd v Council of the European Communities.

1992-03-10

11 Consequently, by including the selling, administrative and other general expenses of sales subsidiaries in the constructed normal value it is possible to avoid a situation where expenses necessarily included in the selling price of a product when it is sold by a sales department forming part of the manufacturer' s organization are not included when that product is sold by a company which, although financially controlled by the manufacturer, is a legally distinct entity (judgment in Joined Cases 260/85 and 106/86 TEC v Council [1988] ECR 5855, at paragraph 29).

61985CJ0260

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

29 There would be discrimination if expenses necessarily included in the selling price of a product when it was sold by a sales department forming part of the manufacturer' s organization were not included when that product was sold by a company which, although financially controlled by the manufacturer, was a legally distinct entity .

1988-10-05

61987CJ0178

Minolta Camera Co. Ltd v Council of the European Communities.

1992-03-10

12 It should next be observed that, according to the Court' s case-law (see inter alia the judgments in Case 240/84 Toyo v Council [1987] ECR 1809, at paragraph 13, Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, at paragraph 14, Case 258/84 Nippon Seiko v Council [1987] ECR 1923, at paragraph 14, and Case 260/84 Minebea v Council [1987] ECR 1975, at paragraph 8), determination of the normal value and determination of the export price are governed by separate rules and therefore selling, general and administrative expenses need not necessarily be treated in the same way in both cases.

61984CJ0255

Nachi Fujikoshi Corporation v Council of the European Communities.

14 IT MUST BE STATED FIRST THAT THE PROCEDURE FOR CALCULATING THE NORMAL VALUE IS LAID DOWN IN ARTICLE 2*(3 ) TO ( 7 ) OF REGULATION NO 3017/79, AND THE PROCEDURE FOR CALCULATING THE EXPORT PRICE IS LAID DOWN IN ARTICLE 2*(8 ) THEREOF . THOSE PROVISIONS SEPARATELY SPECIFY SEVERAL DIFFERENT METHODS FOR CALCULATING EACH OF THE TERMS OF THE COMPARISON .

1987-05-07

61987CJ0178

Minolta Camera Co. Ltd v Council of the European Communities.

1992-03-10

12 It should next be observed that, according to the Court' s case-law (see inter alia the judgments in Case 240/84 Toyo v Council [1987] ECR 1809, at paragraph 13, Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, at paragraph 14, Case 258/84 Nippon Seiko v Council [1987] ECR 1923, at paragraph 14, and Case 260/84 Minebea v Council [1987] ECR 1975, at paragraph 8), determination of the normal value and determination of the export price are governed by separate rules and therefore selling, general and administrative expenses need not necessarily be treated in the same way in both cases.

61984CJ0260

Minebea Company Limited v Council of the European Communities.

8 IT MUST BE STATED FIRSTLY THAT THE PROCEDURE FOR CALCULATING THE NORMAL VALUE IS LAID DOWN IN ARTICLE 2*(3 ) TO ( 7 ) OF REGULATION NO 3017/79, AND THE PROCEDURE FOR CALCULATING THE EXPORT PRICE IS LAID DOWN IN ARTICLE 2*(8 ) THEREOF . THOSE PROVISIONS SEPARATELY SPECIFY SEVERAL DIFFERENT METHODS FOR CALCULATING EACH OF THE TERMS OF THE COMPARISON .

1987-05-07

61987CJ0178

Minolta Camera Co. Ltd v Council of the European Communities.

1992-03-10

12 It should next be observed that, according to the Court' s case-law (see inter alia the judgments in Case 240/84 Toyo v Council [1987] ECR 1809, at paragraph 13, Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, at paragraph 14, Case 258/84 Nippon Seiko v Council [1987] ECR 1923, at paragraph 14, and Case 260/84 Minebea v Council [1987] ECR 1975, at paragraph 8), determination of the normal value and determination of the export price are governed by separate rules and therefore selling, general and administrative expenses need not necessarily be treated in the same way in both cases.

61984CJ0240

NTN Toyo Bearing Company Limited and others v Council of the European Communities.

13 IT MUST BE STATED IN THE FIRST PLACE THAT THE PROCEDURE FOR CALCULATING THE NORMAL VALUE IS LAID DOWN IN ARTICLE 2*(3 ) TO ( 7 ) OF REGULATION NO 3017/79, AND THE PROCEDURE FOR CALCULATING THE EXPORT PRICE IS LAID DOWN IN ARTICLE 2*(8 ) THEREOF . THOSE PROVISIONS SEPARATELY SPECIFY SEVERAL DIFFERENT METHODS FOR CALCULATING EACH OF THE TERMS OF THE COMPARISON .

1987-05-07

61995CJ0147

Dimossia Epicheirissi Ilektrismou (DEI) v Efthimios Evrenopoulos.

1997-04-17

20 Admittedly, the Court has recognized that the employment criterion cannot be regarded as exclusive, since pensions paid under statutory social security schemes may reflect, wholly or in part, pay in respect of work (Beune, cited above, paragraph 44).

61993CJ0007

Bestuur van het Algemeen Burgerlijk Pensioenfonds v G. A. Beune.

44 Admittedly, as the Court has recognized ever since Defrenne I, the employment criterion cannot be regarded as exclusive. Thus, as regards the inception and determination of pension rights, the pensions paid by statutory social security schemes may reflect, wholly or in part, pay in respect of work, but nevertheless fall outside the scope of Article 119.

1994-09-28

61995CJ0167

Maatschap M.J.M. Linthorst, K.G.P. Pouwels en J. Scheren c.s. v Inspecteur der Belastingdienst/Ondernemingen Roermond.

1997-03-06

11 It follows that, when Article 9 is interpreted, Article 9(1) in no way takes precedence over Article 9(2). In every situation, the question which arises is whether it is covered by one of the instances mentioned in Article 9(2); if not, it falls within the scope of Article 9(1) (Dudda, paragraph 21).

61994CJ0327

Jürgen Dudda v Finanzgericht Bergisch Gladbach.

21 It follows that, when Article 9 is interpreted, Article 9(1) in no way takes precedence over Article 9(2). In every situation, the question which arises is whether it is covered by one of the instances mentioned in Article 9(2); if not, it falls within the scope of Article 9(1).

1996-09-26

61995CJ0242

GT-Link A/S v De Danske Statsbaner (DSB).

1997-07-17

23 The application of Article 86 of the Treaty by the national authorities is, in principle, governed by national procedural rules (Case C-60/92 Otto v Postbank [1993] ECR I-5683, paragraph 14).

61992CJ0060

Otto BV v Postbank NV.

14 The application of Articles 85 and 86 of the Treaty by the national authorities is, in principle, governed by national procedural rules. Subject to the observance of Community law, and in particular its fundamental principles, it is therefore a matter for national law to define the appropriate procedural rules in order to guarantee the rights of the defence of the persons concerned. Such guarantees may differ from those which apply in Community proceedings.

1993-11-10

61987CJ0178

Minolta Camera Co. Ltd v Council of the European Communities.

1992-03-10

12 It should next be observed that, according to the Court' s case-law (see inter alia the judgments in Case 240/84 Toyo v Council [1987] ECR 1809, at paragraph 13, Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, at paragraph 14, Case 258/84 Nippon Seiko v Council [1987] ECR 1923, at paragraph 14, and Case 260/84 Minebea v Council [1987] ECR 1975, at paragraph 8), determination of the normal value and determination of the export price are governed by separate rules and therefore selling, general and administrative expenses need not necessarily be treated in the same way in both cases.

61984CJ0258

Nippon Seiko KK v Council of the European Communities.

14 IT MUST BE STATED FIRSTLY THAT THE PROCEDURE FOR CALCULATING THE NORMAL VALUE IS LAID DOWN IN ARTICLE 2*(3 ) TO ( 7 ) OF REGULATION NO 3017/79, AND THE PROCEDURE FOR CALCULATING THE EXPORT PRICE IS LAID DOWN IN ARTICLE 2*(8 ) THEREOF . THOSE PROVISIONS SEPARATELY SPECIFY SEVERAL DIFFERENT METHODS FOR CALCULATING EACH OF THE TERMS OF THE COMPARISON .

1987-05-07

61987CJ0178

Minolta Camera Co. Ltd v Council of the European Communities.

1992-03-10

18 To achieve that objective the institutions may take into consideration either the profit margin realized on sales of the same manufacturer' s other models or the profit margin realized by another company (see the judgments in Joined Cases 277 and 300/85 Canon v Council [1988] ECR 5731, at paragraphs 21 and 22, and Case 301/85 Sharp Corporation v Council [1988] ECR 5813, at paragraph 8). Consequently, it must be held that the institutions may also have recourse to an average profit in accordance with the method set out in paragraph 16.

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

61987CJ0178

Minolta Camera Co. Ltd v Council of the European Communities.

1992-03-10

22 Lastly, as far as the inclusion of the profit realized by the sales subsidiaries in Japan is concerned, it is sufficient to observe that the institutions are not under any obligation to choose as the reasonable margin of profit, within the meaning of Article 2(3)(b)(ii) of Regulation No 2176/84, the profit margin of the manufacturer rather than that of its sales subsidiary in the domestic market and they were fully entitled to adopt for that purpose the combined profit margins of the two companies in view of the fact that they constituted a single economic entity (judgment in Joined Cases 273/85 and 107/86 Silver Seiko v Council [1988] ECR 5927, at paragraph 17).

61985CJ0273

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

17 As regards calculation of the profit margin, it must be observed that, contrary to Silver Seiko' s opinion, the institutions were not under any obligation to choose as "the reasonable margin of profit", within the meaning of Article 2 ( 3 ) ( b ) ( ii ) of Regulation No 2176/84, the profit margin of the manufacturer ( Silver Seiko Ltd ) rather than that of its sales subsidiary in Japan ( Silver Business Machines ) and were fully entitled to adopt for that purpose the combined profit margins of the two companies . In fact, as already pointed out, those two companies constituted a single economic entity .

1988-10-05

61987CJ0179

Sharp Corporation v Council of the European Communities.

1992-03-10

34 It should be noted in this connection that when the same argument was relied on by the applicant in Case C-156/87 Gestetner, cited above, the Court pointed out at paragraph 57 that, with regard to imports of PPCs supplied by Fuji Xerox from Japan, the institutions took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection. According to the information obtained the decision was a management decision taken by the Xerox group of companies. However, the volume of those imports was minimal in relation to the entire range of PPCs produced by Rank Xerox within the Community and in relation to the Community market as a whole (1%), and the resale prices were the same as the prices of equivalent machines produced by Rank Xerox.

61987CJ0156

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

57 Secondly, with regard to imports of plain paper photocopiers supplied by Fuji Xerox from Japan, the Council and the Commission took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection . According to the information obtained the decision was a management decision taken by the Xerox group of companies . However, the volume of those imports was minimal in relation to the entire range of plain paper photocopiers produced by Rank Xerox within the Community and in relation to the Community market as a whole ( 1 %), and the resale prices were the same as the prices of equivalent machines produced by Rank Xerox .

1990-03-14

61995CJ0242

GT-Link A/S v De Danske Statsbaner (DSB).

1997-07-17

33 The Court has previously had occasion to rule that any measure adopted by a Member State which maintains in force a statutory provision that creates a situation in which a public undertaking cannot avoid infringing Article 86 of the Treaty is incompatible with the rules of the Treaty (see, to that effect, Case C-41/90 Höfner and Elser [1991] ECR I-1979, paragraph 27).

61990CJ0041

Klaus Höfner and Fritz Elser v Macrotron GmbH.

27 Consequently, any measure adopted by a Member State which maintains in force a statutory provision that creates a situation in which a public employment agency cannot avoid infringing Article 86 is incompatible with the rules of the Treaty.

1991-04-23

61995CJ0242

GT-Link A/S v De Danske Statsbaner (DSB).

1997-07-17

45 The Court has already held that abusive practices which, like those at issue in the main proceedings, affect undertakings providing transport by sea between two Member States, may affect trade between Member States (Corsica Ferries, paragraph 44).

61993CJ0018

Corsica Ferries Italia Srl v Corpo dei Piloti del Porto di Genova.

44 Inasmuch as the discriminatory practices referred to in the order for reference affect undertakings providing transport services between two Member States, they may affect trade between Member States.

1994-05-17

61995CJ0242

GT-Link A/S v De Danske Statsbaner (DSB).

1997-07-17

57 The first point to note in that context is that even within the framework of Article 90, Article 86 has direct effect and confers on individuals rights which the national courts must protect (Case 155/73 Sacchi [1974] ECR 409, paragraph 18, and Merci Convenzionali Porto di Genova, paragraph 23).

61973CJ0155

Giuseppe Sacchi.

18 THE NATIONAL COURT HAS IN EACH CASE TO ASCERTAIN THE EXISTENCE OF SUCH ABUSE AND THE COMMISSION HAS TO REMEDY IT WITHIN THE LIMITS OF ITS POWERS . EVEN WITHIN THE FRAMEWORK OF ARTICLE 90, THEREFORE, THE PROHIBITIONS OF ARTICLE 86 HAVE A DIRECT EFFECT AND CONFER ON INTERESTED PARTIES RIGHTS WHICH THE NATIONAL COURTS MUST SAFEGUARD . D - QUESTION 11

1974-04-30

61987CJ0179

Sharp Corporation v Council of the European Communities.

1992-03-10

38 That argument cannot be accepted. As the Court held in its judgment in Case C-156/87 Gestetner, at paragraph 47, Olivetti and Océ imported PPCs from Japan so as to be able to offer their customers a full range of models. Those PPCs, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between 35 and 40% of sales and rentals of new machines placed on the market over the period from 1981 to July 1985. The attempts of both producers to develop and market a full range of models failed, however, because of the depressed market prices imposed by Japanese imports.

61987CJ0156

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

47 According to the Council and the Commission, Olivetti and Océ imported plain paper photocopiers from Japan so as to be able to offer their customers a full range of models . Those photocopiers, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between 35 and 40% of sales and rentals of new machines placed on the market over the period from 1981 to July 1985 . The attempts of both producers to develop and market a full range of models failed, however, because of the depressed market prices imposed by Japanese imports .

1990-03-14

61987CJ0179

Sharp Corporation v Council of the European Communities.

1992-03-10

58 It should be borne in mind that, as the Court held in its judgment in C-156/87 Gestetner, at paragraph 63, the question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations and judicial review of such an appraisal must be limited 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.

61987CJ0156

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

63 The question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations . As the Court has held, in particular in its judgment of 7 May 1987 in Case 255/84 Nachi Fujikoshi v Council (( 1987 )) ECR 1861, paragraph 21, judicial review of such an appraisal must be limited 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 .

1990-03-14

61987CJ0179

Sharp Corporation v Council of the European Communities.

1992-03-10

8 As the Court has already held, in particular in its judgment in Case 250/85 Brother v Council [1988] ECR 5683, at paragraph 16, the division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which organizes in that way activities that, in other cases, are carried on by what is in legal terms as well a single entity.

61985CJ0250

Brother Industries Ltd v Council of the European Communities.

16 The division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which organizes in that way activities that, in other cases, are carried on by what is in legal terms as well a single entity .

1988-10-05

61987CJ0224

Jean Koutchoumoff v Commission of the European Communities.

1989-01-26

7 However, under Articles 90 and 91 of the Staff Regulations of Officials of the European Communities, an official may submit an appeal to the Court against a decision adversely affecting him taken by the appointing authority only after he has first submitted a complaint to that authority and that complaint has been rejected by an express or implied decision . Under the system laid down in the Staff Regulations the official must thus submit a complaint against the decision which he is contesting and then appeal to the Court against the decision rejecting his complaint . When those conditions are met, the action is admissible whether it is directed against the initial decision alone, the decision rejecting the complaint or both ( judgment of 19 January 1984 in Case 260/80 Andersen v Council (( 1984 )) ECR 177, in particular at paragraphs 3 and 4 ), provided, however, that the complaint and the appeal were lodged within the periods prescribed by Articles 90 and 91 of the Staff Regulations, as in this case they were . The first objection raised by the Commission must therefore be dismissed .

61980CJ0260

Ivar Andersen and others v Council of the European Communities.

3 THE COUNCIL CONTESTS THE ADMISSIBILITY OF THE APPLICATION IN SO FAR AS IT IS DIRECTED AGAINST THE DECISION REJECTING THE COMPLAINT . THE APPLICANTS HAVE NO INTEREST IN TAKING ACTION AGAINST THAT DECISION SINCE ITS ANNULMENT WOULD IN NO WAY AFFECT THE SALARY STATEMENTS CALCULATED PURSUANT TO THE CONTESTED REGULATION .

1984-01-19

61995CJ0368

Vereinigte Familiapress Zeitungsverlags- und vertriebs GmbH v Heinrich Bauer Verlag.

1997-06-26

7 The Court has consistently held that any measure capable of hindering, directly or indirectly, actually or potentially, intra-Community trade constitutes a measure having an effect equivalent to a quantitative restriction (Case 8/74 Procureur du Roi v 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

61995CJ0383

Petrus Wilhelmus Rutten v Cross Medical Ltd.

1997-01-09

12 It is settled law (see, in particular, Case C-125/92 Mulox IBC v Hendrick Geels [1993] ECR I-4075, paragraph 10) that, in principle, the Court of Justice will interpret the terms of the Brussels Convention autonomously so as to ensure that it is fully effective, having regard to the objectives of Article 220 of the EEC Treaty, for the implementation of which it was adopted.

61992CJ0125

Mulox IBC Ltd v Hendrick Geels.

10 It is settled case-law that, as far as possible, the Court of Justice will interpret the terms of the Convention autonomously so as to ensure that it is fully effective having regard to the objectives of Article 220 of the EEC Treaty, for the implementation of which it was adopted.

1993-07-13

61996CJ0145

Bernd von Hoffmann v Finanzamt Trier.

1997-09-16

16 The first question which arises, therefore, is whether the services of an arbitrator fall within the category of those principally and habitually carried out as part of the professions listed in Article 9(2)(e), third indent, of the Directive (Case C-167/95 Linthorst, Pouwels and Scheres v Inspecteur der Belastingdienst/Ondernemingen Roermond [1997] ECR I-0000, paragraphs 18, 22 and 25).

61995CJ0167

Maatschap M.J.M. Linthorst, K.G.P. Pouwels en J. Scheren c.s. v Inspecteur der Belastingdienst/Ondernemingen Roermond.

18 It should therefore be held that the services principally and habitually provided by a veterinary surgeon do not fall within the fourth indent of Article 9(2)(c) of the Sixth Directive either.

1997-03-06

61987CJ0224

Jean Koutchoumoff v Commission of the European Communities.

1989-01-26

7 However, under Articles 90 and 91 of the Staff Regulations of Officials of the European Communities, an official may submit an appeal to the Court against a decision adversely affecting him taken by the appointing authority only after he has first submitted a complaint to that authority and that complaint has been rejected by an express or implied decision . Under the system laid down in the Staff Regulations the official must thus submit a complaint against the decision which he is contesting and then appeal to the Court against the decision rejecting his complaint . When those conditions are met, the action is admissible whether it is directed against the initial decision alone, the decision rejecting the complaint or both ( judgment of 19 January 1984 in Case 260/80 Andersen v Council (( 1984 )) ECR 177, in particular at paragraphs 3 and 4 ), provided, however, that the complaint and the appeal were lodged within the periods prescribed by Articles 90 and 91 of the Staff Regulations, as in this case they were . The first objection raised by the Commission must therefore be dismissed .

61980CJ0260

Ivar Andersen and others v Council of the European Communities.

4 THAT OBJECTION MUST BE DISMISSED . IN STAFF CASES WHERE IT IS A RULE THAT A COMPLAINT MUST NECESSARILY BE MADE BEFORE AN ACTION IS BROUGHT THE APPLICANTS ' INTEREST IN SEEKING ANNULMENT OF THE DECISION REJECTING THEIR COMPLAINT AT THE SAME TIME AS THE MEASURE ADVERSELY AFFECTING THEM CANNOT BE DENIED WHATEVER THE SPECIFIC EFFECT OF THE ANNULMENT OF SUCH A DECISION IN A GIVEN CASE .

1984-01-19

61987CJ0290

Commission of the European Communities v Kingdom of the Netherlands.

1989-10-05

11 That argument cannot by itself provide grounds for a declaration that a Member State has failed to fulfil its obligations; in proceedings brought under Article 169 of the Treaty the Commission is required to prove the allegation that the obligation has not been fulfilled and may not rely on any presumption ( see the judgment of the Court of 25 May 1982 in Case 96/81 Commission v Kingdom of the Netherlands (( 1982 )) ECR 1791, in particular paragraph 6 ).

61981CJ0096

Commission of the European Communities v Kingdom of the Netherlands.

6 IT SHOULD BE EMPHASIZED THAT , IN PROCEEDINGS UNDER ARTICLE 169 OF THE EEC TREATY FOR FAILURE TO FULFIL AN OBLIGATION , IT IS INCUMBENT UPON THE COMMISSION TO PROVE THE ALLEGATION THAT THE OBLIGATION HAS NOT BEEN FULFILLED . IT IS THE COMMISSION ' S RESPONSIBILITY TO PLACE BEFORE THE COURT THE INFORMATION NEEDED TO ENABLE THE COURT TO ESTABLISH THAT THE OBLIGATION HAS NOT BEEN FULFILLED , AND IN SO DOING THE COMMISSION MAY NOT RELY ON ANY PRESUMPTION .

1982-05-25

61987CJ0347

Triveneta Zuccheri SpA and others v Commission of the European Communities.

1990-03-22

14 At the hearing, the applicant undertakings further explained that the Italian measure in issue must be regarded as consisting of the reimbursement of a sum withheld from Italian sugar traders under national rules contrary to Community law, and in this connection they rely on the judgment of 10 July 1980 in Case 811/79 Amministrazione delle finanze dello Stato v Ariete (( 1980 )) ECR 2545, paragraph 15, in order to argue that that measure cannot therefore be treated as aid incompatible with the common market . In particular, they base their reasoning on the maxim nemini licet venire contra factum proprium, asserting that the Commission, having failed to obtain a declaration by the Court that the Italian rules on maximum sugar prices are incompatible with Community law, is not entitled to seek to prevent the refund decided upon by the Italian authorities .

61979CJ0811

Amministrazione delle finanze dello Stato v Ariete SpA.

15 THOSE PROVISIONS HAVE BASICALLY BEEN GIVEN SPECIFIC FORM ON THE ONE HAND IN THE RULES APPLYING TO UNDERTAKINGS ( ARTICLES 85 TO 90 OF THE EEC TREATY ) AND ON THE OTHER HAND IN THOSE ON AIDS GRANTED BY STATES ( ARTICLES 90 TO 94 OF THE EEC TREATY ). THE FIRST CANNOT APPLY IN THE RELATIONS BETWEEN UNDERTAKINGS AND THE REVENUE AUTHORITIES OF THE MEMBER STATES WHEN THE REVENUE EXERCISES ITS POWER TO CREATE NEW TAXES . AS REGARDS THE LATTER RULES , THE COURT RULED IN ITS JUDGMENT OF 27 MARCH 1980 IN CASE 61/79 AMMINISTRAZIONE DELLE FINANZE DELLO STATO V DENKAVIT ITALIANA S.R.L . ( 1980 ) ECR AT PARAGRAPH 32 THAT THE DUTY OF THE AUTHORITIES OF A MEMBER STATE TO REPAY TO TAX-PAYERS WHO APPLY FOR SUCH REPAYMENT CHARGES OR DUES WHICH WERE NOT PAYABLE BECAUSE THEY WERE INCOMPATIBLE WITH COMMUNITY LAW , DOES NOT CONSTITUTE AN AID WITHIN THE MEANING OF ARTICLE 92 OF THE EEC TREATY .

1980-07-10

61987CJ0349

Elissavet Paraschi v Landesversicherungsanstalt Württemberg.

1991-10-04

22 It must then be pointed out that although, as the Court has held, Article 51 of the Treaty leaves in being differences between the social security systems of the Member States and hence in the rights of the people working there (Case C-227/89 Roenfeldt [1991] ECR I-323), it is also settled that the aim of Articles 48 to 51 would not be attained if, as a consequence of the exercise of their right to freedom of movement, workers were to lose the advantages in the field of social security guaranteed to them by the laws of a single Member State; such a consequence might discourage Community workers from exercising their right to freedom of movement and would therefore constitute an obstacle to that freedom (see most recently the judgment in Case C-10/90 Masgio [1991] ECR I-1119, paragraph 18).

61990CJ0010

Maria Masgio v Bundesknappschaft.

18 More specifically, the Court has accepted that the aim of Articles 48 to 51 of the Treaty would not be attained if, as a consequence of the exercise of their right to freedom of movement, migrant workers were to lose the advantages in the field of social security guaranteed to them by the laws of a single Member State (see, for example, Case 24/75 Petroni v ONPTS [1975] ECR 1149, paragraph 13; Case 807/79 Gravina v Landesversicherungsanstalt Schwaben [1980] ECR 2205, paragraph 6; Case 284/84 Spruyt, cited above, paragraph 19; and Case C-293/88 Winter-Lutzins, cited above, paragraph 14). Such a consequence could deter Community workers from exercising their right to freedom of movement and would therefore constitute an obstacle to that freedom (see Case C-228/88 Bronzino v Kindergeldkassse [1990] ECR I-531, paragraph 12, and Case C-12/89 Gatto v Bundesanstalt fuer Arbeit [1990] ECR I-557).

1991-03-07

61996CJ0301

Federal Republic of Germany v Commission of the European Communities.

2003-09-30

65. Since that provision was not repealed after the reunification of Germany either by the Treaty on European Union or by the Treaty of Amsterdam, it cannot, in the light of the objective scope of the rules of Community law, be presumed that it has been devoid of purpose since that reunification (see Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraphs 47 and 48, and Case C-334/99 Germany v Commission [2003] ECR I-1139, paragraph 116).

61998CJ0156

Federal Republic of Germany v Commission of the European Communities.

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

61987CJ0349

Elissavet Paraschi v Landesversicherungsanstalt Württemberg.

1991-10-04

23 It is apparent from the judgment in Case 1/78 Kenny v Insurance Officer [1978] ECR 1489, paragraph 17, that that consequence may arise if the national legislature defines the conditions for the acquisition or retention of the right to benefits in such a way that they can in fact be fulfilled only by nationals of the Member State concerned or if it defines the conditions for loss or suspension of the right in such a way that they can in fact be more easily satisfied by nationals of other Member States than by those of the State of the competent institution.

61978CJ0001

Patrick Christopher Kenny v Insurance Officer.

17IT WOULD ONLY BE OTHERWISE IF THE CONDITIONS FOR THE ACQUISITION OR RETENTION OF THE RIGHT WERE DEFINED IN SUCH A WAY THAT THEY COULD IN FACT BE FULFILLED ONLY BY NATIONALS OR IF THE CONDITIONS FOR LOSS OR SUSPENSION OF THE RIGHT WERE DEFINED IN SUCH A WAY THAT THEY WOULD IN FACT MORE EASILY BE SATISFIED BY NATIONALS OF OTHER MEMBER STATES THAN BY THOSE OF THE STATE OF THE COMPETENT INSTITUTION .

1978-06-28

61987CJ0360

Commission of the European Communities v Italian Republic.

1991-02-28

13 As regards the argument of the Italian Republic to the effect that its legislation in practice eliminates the risk of indirect discharge, it should be observed that, as the Court held in its judgment in Case C-339/87 Commission v Netherlands [1990] ECR I-851, at 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

61987CJ0360

Commission of the European Communities v Italian Republic.

1991-02-28

26 The provisions relied on by the Italian Republic provide only for vague and general measures which cannot be regarded as implementing the article in question with the requisite precision and clarity to satisfy fully the demands of legal certainty (see the judgment in Case 291/84 Commission v Netherlands [1987] ECR 3483, at paragraph 15).

61984CJ0291

Commission of the European Communities v Kingdom of the Netherlands.

15 IT SHOULD FIRST BE OBSERVED THAT THE PROVISIONS OF NETHERLANDS LAW WHICH WERE ADOPTED AFTER THE DATE ON WHICH THE ACTION WAS BROUGHT CANNOT BE TAKEN INTO ACCOUNT . FURTHERMORE, EVEN ON THE ASSUMPTION THAT THE SCOPE OF THE REMAINING PROVISIONS IS AS DESCRIBED BY THE NETHERLANDS GOVERNMENT, NOT ONLY DO THEY RELATE ONLY TO MINING BUT, EVEN IN THAT DOMAIN, THEY ARE SO VAGUE IN DEFINING THE CONDITIONS FOR THE GRANT OF AUTHORIZATION THAT THEY CANNOT BE SAID TO GIVE EFFECT TO ARTICLE 4*(3 ) OF THE DIRECTIVE WITH SUFFICIENT PRECISION OR CLARITY TO SATISFY FULLY THE DEMANDS OF LEGAL CERTAINTY . IT FOLLOWS THAT THIS HEAD OF CLAIM MUST BE UPHELD .

1987-09-17

61987CJ0368

Lieselotte Hartmann Troiani v Landesversicherungsanstalt Rheinprovinz.

1989-05-18

21 It is true, as the Court ruled in its judgment of 25 February 1986 in Case 284/84 Spruyt v Sociale Verzekeringsbank (( 1986 )) ECR 685, paragraph 19, that the aim of Articles 48 and 51 of the Treaty would not be attained if, as a consequence of the exercise of their right to freedom of movement, workers were to lose the advantages in the field of social security guaranteed to them by the laws of an individual Member State . However, as the Court held in its judgments of 24 April 1980 in Case 110/79 Coonan v Insurance Officer (( 1980 )) ECR 1445, paragraph 12 and of 24 September 1987 in Case 43/86 Sociale Verzekeringsbank v de Rijke (( 1987 )) ECR 3611, paragraph 12, it is for the legislature of each Member State to lay down the conditions creating the right or the obligation to become affiliated to a social security scheme or to a particular branch under such a scheme, provided always that in this connection there is no discrimination between nationals of the host State and nationals of other Member States . The documents before the Court make it clear that the provisions of national legislation which gave rise to the main proceedings do not operate any discrimination on the basis of nationality .

61984CJ0284

L. A. Spruyt v Bestuur van de Sociale Verzekeringsbank.

19 ARTICLE 51 REQUIRES THE COUNCIL TO ADOPT SUCH MEASURES IN THE FIELD OF SOCIAL SECURITY AS ARE NECESSARY TO PROVIDE FREEDOM OF MOVEMENT FOR WORKERS BY SECURING , INTER ALIA , PAYMENT OF BENEFITS FOR PERSONS RESIDENT IN THE TERRITORIES OF THE MEMBER STATES . THE AIM OF ARTICLES 48 TO 51 WOULD NOT BE ATTAINED IF , AS A CONSEQUENCE OF THE EXERCISE OF THEIR RIGHT TO FREEDOM OF MOVEMENT , WORKERS WERE TO LOSE THE ADVANTAGES IN THE FIELD OF SOCIAL SECURITY GUARANTEED TO THEM BY THE LAWS OF A SINGLE MEMBER STATE .

1986-02-25

61996CJ0301

Federal Republic of Germany v Commission of the European Communities.

2003-09-30

66. However, since it constitutes a derogation from the general principle laid down in Article 92(1) of the Treaty that State aid is incompatible with the common market, Article 92(2)(c) must be interpreted narrowly (Case C-156/98 Germany v Commission , paragraph 49).

61998CJ0156

Federal Republic of Germany v Commission of the European Communities.

49 It should, however, be noted that since it constitutes a derogation from the general principle, laid down in Article 92(1) of the Treaty, that State aid is incompatible with the common market, Article 92(2)(c) must be construed narrowly.

2000-09-19

61996CJ0301

Federal Republic of Germany v Commission of the European Communities.

2003-09-30

92. In view of this context, the contested decision could be reasoned in a summary manner (Case 73/74 Papiers Peints and Others v Commission [1975] ECR 1491, paragraph 31, and Case C-156/98 Germany v Commission , paragraph 105).

61974CJ0073

Groupement des fabricants de papiers peints de Belgique and others v Commission of the European Communities.

31 ALTHOUGH A DECISION WHICH FITS INTO A WELL-ESTABLISHED LINE OF DECISIONS MAY BE REASONED IN A SUMMARY MANNER, FOR EXAMPLE BY A REFERENCE TO THOSE DECISIONS, IF IT GOES APPRECIABLY FURTHER THAN THE PREVIOUS DECISIONS, THE COMMISSION MUST GIVE AN ACCOUNT OF ITS REASONING .

1975-11-26

61996CJ0390

Lease Plan Luxembourg SA v Belgian State.

1998-05-07

25 In that regard, the Court noted at paragraph 18 of ARO Lease that the services supplied in the leasing of vehicles consist principally in negotiating, drawing up, signing and administering the relevant agreements and in making the vehicles concerned, which remain the property of the leasing company, physically available to customers.

61995CJ0190

ARO Lease BV v Inspecteur van de Belastingdienst Grote Ondernemingen te Amsterdam.

18 The services supplied in the leasing of vehicles, it must be noted, consist principally in negotiating, drawing up, signing and administering the relevant agreements and in making the vehicles concerned, which remain the property of the leasing company, physically available to customers.

1997-07-17

61987CJ0368

Lieselotte Hartmann Troiani v Landesversicherungsanstalt Rheinprovinz.

1989-05-18

21 It is true, as the Court ruled in its judgment of 25 February 1986 in Case 284/84 Spruyt v Sociale Verzekeringsbank (( 1986 )) ECR 685, paragraph 19, that the aim of Articles 48 and 51 of the Treaty would not be attained if, as a consequence of the exercise of their right to freedom of movement, workers were to lose the advantages in the field of social security guaranteed to them by the laws of an individual Member State . However, as the Court held in its judgments of 24 April 1980 in Case 110/79 Coonan v Insurance Officer (( 1980 )) ECR 1445, paragraph 12 and of 24 September 1987 in Case 43/86 Sociale Verzekeringsbank v de Rijke (( 1987 )) ECR 3611, paragraph 12, it is for the legislature of each Member State to lay down the conditions creating the right or the obligation to become affiliated to a social security scheme or to a particular branch under such a scheme, provided always that in this connection there is no discrimination between nationals of the host State and nationals of other Member States . The documents before the Court make it clear that the provisions of national legislation which gave rise to the main proceedings do not operate any discrimination on the basis of nationality .

61979CJ0110

Una Coonan v Insurance Officer.

12 THE EFFECT OF THOSE TWO PROVISIONS WHEN READ TOGETHER IS THAT IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER SUCH A SCHEME PROVIDED ALWAYS THAT IN THIS CONNEXION THERE IS NO DISCRIMINATION BETWEEN NATIONALS OF THE HOST STATE AND NATIONALS OF THE OTHER MEMBER STATES . THE COURT ACKNOWLEDGED IN ITS JUDGMENT OF 12 JULY 1979 IN CASE 266/78 BRUNORI ( 1979 ) ECR THAT NATIONAL LEGISLATURES ARE COMPETENT IN THIS FIELD .

1980-04-24

61987CJ0368

Lieselotte Hartmann Troiani v Landesversicherungsanstalt Rheinprovinz.

1989-05-18

21 It is true, as the Court ruled in its judgment of 25 February 1986 in Case 284/84 Spruyt v Sociale Verzekeringsbank (( 1986 )) ECR 685, paragraph 19, that the aim of Articles 48 and 51 of the Treaty would not be attained if, as a consequence of the exercise of their right to freedom of movement, workers were to lose the advantages in the field of social security guaranteed to them by the laws of an individual Member State . However, as the Court held in its judgments of 24 April 1980 in Case 110/79 Coonan v Insurance Officer (( 1980 )) ECR 1445, paragraph 12 and of 24 September 1987 in Case 43/86 Sociale Verzekeringsbank v de Rijke (( 1987 )) ECR 3611, paragraph 12, it is for the legislature of each Member State to lay down the conditions creating the right or the obligation to become affiliated to a social security scheme or to a particular branch under such a scheme, provided always that in this connection there is no discrimination between nationals of the host State and nationals of other Member States . The documents before the Court make it clear that the provisions of national legislation which gave rise to the main proceedings do not operate any discrimination on the basis of nationality .

61986CJ0043

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

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

1987-09-24

61987CJ0374

Orkem v Commission of the European Communities.

1989-10-18

33 In that connection, the Court observed recently, in its judgment of 21 September 1989in Joined Cases 46/87 and 227/88 Hoechst v Commission (( 1989 )) ECR 2859, paragraph 15, that whilst it is true that the rights of the defence must be observed in administrative procedures which may lead to the imposition of penalties, it is necessary to prevent those rights from being irremediably impaired during preliminary inquiry procedures which may be decisive in providing evidence of the unlawful nature of conduct engaged in by undertakings and for which they may be liable . Consequently, although certain rights of the defence relate only to contentious proceedings which follow the delivery of the statement of objections, other rights must be respected even during the preliminary inquiry .

61987CJ0046

Hoechst AG v Commission of the European Communities.

15 In that judgment, the Court pointed out that the rights of the defence must be observed in administrative procedures which may lead to the imposition of penalties . But it is also necessary to prevent those rights from being irremediably impaired during preliminary inquiry procedures including, in particular, investigations which may be decisive in providing evidence of the unlawful nature of conduct engaged in by undertakings for which they may be liable .

1989-09-21

61996CJ0390

Lease Plan Luxembourg SA v Belgian State.

1998-05-07

34 However, it is settled law that discrimination can arise only through the application of different rules to comparable situations or the application of the same rule to different situations (see, inter alia, Case C-279/93 Finanzamt Köln-Altstadt v Schumacker [1995] ECR I-225, paragraph 30).

61993CJ0279

Finanzamt Köln-Altstadt v Roland Schumacker.

30 It is also settled law that discrimination can arise only through the application of different rules to comparable situations or the application of the same rule to different situations.

1995-02-14

61997CJ0243

Hellenic Republic v Commission of the European Communities.

2000-07-13

14 The pleas in law and arguments put forward by the Greek Government to justify the regularity of the expenditure correspond essentially to those put forward in Greece v Commission (Case C-46/97) in respect of the clearance of the accounts for 1992. As the Court has rejected those pleas and arguments in paragraphs 4 to 26 of the judgment delivered today in Case C-46/97, they must also be rejected, for the same reasons, in the present case.

61997CJ0046

Hellenic Republic v Commission of the European Communities.

6 The Greek Government contends that the complaints formulated in the summary report are unfounded.

2000-07-13

61997CJ0243

Hellenic Republic v Commission of the European Communities.

2000-07-13

14 The pleas in law and arguments put forward by the Greek Government to justify the regularity of the expenditure correspond essentially to those put forward in Greece v Commission (Case C-46/97) in respect of the clearance of the accounts for 1992. As the Court has rejected those pleas and arguments in paragraphs 4 to 26 of the judgment delivered today in Case C-46/97, they must also be rejected, for the same reasons, in the present case.

61997CJ0046

Hellenic Republic v Commission of the European Communities.

9 It should be pointed out, first, that pursuant to Regulation No 3453/80, the Greek Government was required to establish the register of olive cultivation by no later than 31 October 1988.

2000-07-13

61988CJ0006

Kingdom of Spain and French Republic v Commission of the European Communities.

1989-11-14

14 In order to determine whether the Commission was competent to adopt the contested regulation on the basis of that provision, regard must first be had to the fact that, as the Court has held ( see judgment of 17 December 1970 in Case 25/70 Einfuhr - und Vorratsstelle fuer Getreide und Futtermittel v Koester (( 1970 )) ECR 1161, paragraph 16 ), provisions conferring executive authority must be interpreted in the light of the scheme and objectives both of those provisions and of the rules as a whole .

61970CJ0025

Einfuhr- und Vorratsstelle für Getreide und Futtermittel v Köster and Berodt & Co.

16 THESE VARIOUS PROVISIONS MUST BE INTERPRETED IN THE LIGHT OF THE SCHEME AND OBJECTIVES BOTH OF ARTICLE 16 AND OF REGULATION NO 19 AS A WHOLE . ARTICLE 16 ( 1 ) REVEALS THE INTENTION TO ESTABLISH A SYSTEM INTENDED TO GOVERN INDISCRIMINATELY IMPORTS AND EXPORTS OF ALL THE PRODUCTS SUBJECTED TO AN ORGANIZATION OF THE MARKET BY REGULATION NO 19 . IN THE SAME WAY, PARAGRAPH ( 3 ) REFERS TO THE PROCEDURE LAID DOWN IN ARTICLE 26 FOR THE DETERMINATION OF ALL DETAILED RULES OF APPLICATION TO BE ADOPTED IN THE CONTEXT OF ARTICLE 16 .

1970-12-17

61988CJ0016

Commission of the European Communities v Council of the European Communities.

1989-10-24

12 Under the system established by the Treaty as it stood before the Single European Act, the Court ruled, in its judgment of 17 December 1970 in Case 25/70 Einfuhr - und Vorratsstelle v Koester (( 1970 )) ECR 1161, paragraphs 9 and 10, that if the Council could confer implementing powers on the Commission under Article 155 of the Treaty it could also make the exercise of those powers subject to a management committee procedure which enabled the Council to take the decision itself if it saw fit, and that the legality of the management committee procedure could not be disputed in relation to the institutional structure of the Community .

61970CJ0025

Einfuhr- und Vorratsstelle für Getreide und Futtermittel v Köster and Berodt & Co.

9 ARTICLE 155 PROVIDES THAT THE COMMISSION SHALL EXERCISE THE POWERS CONFERRED ON IT BY THE COUNCIL FOR THE IMPLEMENTATION OF THE RULES LAID DOWN BY THE LATTER . THIS PROVISION, THE USE OF WHICH IS OPTIONAL, ENABLES THE COUNCIL TO DETERMINE ANY DETAILED RULES TO WHICH THE COMMISSION IS SUBJECT IN EXERCISING THE POWER CONFERRED ON IT . THE SO-CALLED MANAGEMENT COMMITTEE PROCEDURE FORMS PART OF THE DETAILED RULES TO WHICH THE COUNCIL MAY LEGITIMATELY SUBJECT A DELEGATION OF POWER TO THE COMMISSION . IT FOLLOWS FROM AN ANALYSIS OF THE MACHINERY SET UP BY ARTICLES 25 AND 26 OF REGULATION NO 19 THAT THE TASK OF THE MANAGEMENT COMMITTEE IS TO GIVE OPINIONS ON DRAFT MEASURES PROPOSED BY THE COMMISSION, WHICH MAY ADOPT IMMEDIATELY APPLICABLE MEASURES WHATEVER THE OPINION OF THE MANAGEMENT COMMITTEE . WHERE THE COMMITTEE ISSUES A CONTRARY OPINION, THE ONLY OBLIGATION ON THE COMMISSION IS TO COMMUNICATE TO THE COUNCIL THE MEASURES TAKEN . THE FUNCTION OF THE MANAGEMENT COMMITTEE IS TO ENSURE PERMANENT CONSULTATION IN ORDER TO GUIDE THE COMMISSION IN THE EXERCISE OF THE POWERS CONFERRED ON IT BY THE COUNCIL AND TO ENABLE THE LATTER TO SUBSTITUTE ITS OWN ACTION FOR THAT OF THE COMMISSION . THE MANAGEMENT COMMITTEE DOES NOT THEREFORE HAVE THE POWER TO TAKE A DECISION IN PLACE OF THE COMMISSION OR THE COUNCIL . CONSEQUENTLY, WITHOUT DISTORTING THE COMMUNITY STRUCTURE AND THE INSTITUTIONAL BALANCE, THE MANAGEMENT COMMITTEE MACHINERY ENABLES THE COUNCIL TO DELEGATE TO THE COMMISSION AN IMPLEMENTING POWER OF APPRECIABLE SCOPE, SUBJECT TO ITS POWER TO TAKE THE DECISION ITSELF IF NECESSARY .

1970-12-17

61988CJ0016

Commission of the European Communities v Council of the European Communities.

1989-10-24

12 Under the system established by the Treaty as it stood before the Single European Act, the Court ruled, in its judgment of 17 December 1970 in Case 25/70 Einfuhr - und Vorratsstelle v Koester (( 1970 )) ECR 1161, paragraphs 9 and 10, that if the Council could confer implementing powers on the Commission under Article 155 of the Treaty it could also make the exercise of those powers subject to a management committee procedure which enabled the Council to take the decision itself if it saw fit, and that the legality of the management committee procedure could not be disputed in relation to the institutional structure of the Community .

61970CJ0025

Einfuhr- und Vorratsstelle für Getreide und Futtermittel v Köster and Berodt & Co.

10 THE LEGALITY OF THE SO-CALLED MANAGEMENT COMMITTEE PROCEDURE, AS ESTABLISHED BY ARTICLES 25 AND 26 OF REGULATION NO 19, CANNOT THEREFORE BE DISPUTED IN THE CONTEXT OF THE INSTITUTIONAL STRUCTURE OF THE COMMUNITY .

1970-12-17

61988CJ0018

Régie des télégraphes et des téléphones v GB-Inno-BM SA.

1991-12-13

17 The Court has consistently held that an undertaking vested with a legal monopoly may be regarded as occupying a dominant position within the meaning of Article 86 of the Treaty and that the territory of a Member State to which that monopoly extends may constitute a substantial part of the common market (judgments in Case C-41/90 Hoefner [1991] ECR I-1979, paragraph 28, and in Case C-260/89 ERT [1991] ECR I-2925, paragraph 31).

61989CJ0260

Elliniki Radiophonia Tiléorassi AE and Panellinia Omospondia Syllogon Prossopikou v Dimotiki Etairia Pliroforissis and Sotirios Kouvelas and Nicolaos Avdellas and others.

31 In that respect it should be borne in mind that an undertaking which has a statutory monopoly may be regarded as having a dominant position within the meaning of Article 86 of the Treaty (see the judgment in Case C-311/84 CBEM, COT IPB [1985] ECR 3261, paragraph 16) and that the territory of a Member State over which the monopoly extends may constitute a substantial part of the common market (see the judgment in Case C-322/81 Michelin v Commission [1983] ECR 3461, paragraph 28).

1991-06-18

61997CJ0243

Hellenic Republic v Commission of the European Communities.

2000-07-13

14 The pleas in law and arguments put forward by the Greek Government to justify the regularity of the expenditure correspond essentially to those put forward in Greece v Commission (Case C-46/97) in respect of the clearance of the accounts for 1992. As the Court has rejected those pleas and arguments in paragraphs 4 to 26 of the judgment delivered today in Case C-46/97, they must also be rejected, for the same reasons, in the present case.

61997CJ0046

Hellenic Republic v Commission of the European Communities.

10 Second, it should be observed that Greece did not comply with that deadline and during the 1992 financial year there was still no register of olive cultivation.

2000-07-13

61997CJ0243

Hellenic Republic v Commission of the European Communities.

2000-07-13

14 The pleas in law and arguments put forward by the Greek Government to justify the regularity of the expenditure correspond essentially to those put forward in Greece v Commission (Case C-46/97) in respect of the clearance of the accounts for 1992. As the Court has rejected those pleas and arguments in paragraphs 4 to 26 of the judgment delivered today in Case C-46/97, they must also be rejected, for the same reasons, in the present case.

61997CJ0046

Hellenic Republic v Commission of the European Communities.

12 In those circumstances, it cannot be accepted that it was absolutely impossible to comply with the requirements arising under Regulation No 3453/80.

2000-07-13

61988CJ0018

Régie des télégraphes et des téléphones v GB-Inno-BM SA.

1991-12-13

17 The Court has consistently held that an undertaking vested with a legal monopoly may be regarded as occupying a dominant position within the meaning of Article 86 of the Treaty and that the territory of a Member State to which that monopoly extends may constitute a substantial part of the common market (judgments in Case C-41/90 Hoefner [1991] ECR I-1979, paragraph 28, and in Case C-260/89 ERT [1991] ECR I-2925, paragraph 31).

61990CJ0041

Klaus Höfner and Fritz Elser v Macrotron GmbH.

28 It must be remembered, first, that an undertaking vested with a legal monopoly may be regarded as occupying a dominant position within the meaning of Article 86 of the Treaty (see judgment in Case 311/84 CBEM [1985] 3261) and that the territory of a Member State, to which that monopoly extends, may constitute a substantial part of the common market (judgment in Case 322/81 Michelin [1983] ECR 3461, paragraph 28).

1991-04-23

61988CJ0018

Régie des télégraphes et des téléphones v GB-Inno-BM SA.

1991-12-13

25 A system of undistorted competition, as laid down in the Treaty, can be guaranteed only if equality of opportunity is secured as between the various economic operators. To entrust an undertaking which markets terminal equipment with the task of drawing up the specifications for such equipment, monitoring their application and granting type-approval in respect thereof is tantamount to conferring upon it the power to determine at will which terminal equipment may be connected to the public network, and thereby placing that undertaking at an obvious advantage over its competitors (judgment in Case C-202/88, paragraph 51).

61988CJ0202

French Republic v Commission of the European Communities.

51 It should be observed that a system of undistorted competition, as laid down in the Treaty, can be guaranteed only if equality of opportunity is secured as between the various economic operators. To entrust an undertaking which markets terminal equipment with the task of drawing up the specifications for such equipment, monitoring their application and granting type-approval in respect thereof is tantamount to conferring upon it the power to determine at will which terminal equipment may be connected to the public network, and thereby placing that undertaking at an obvious advantage over its competitors.

1991-03-19

61988CJ0018

Régie des télégraphes et des téléphones v GB-Inno-BM SA.

1991-12-13

26 In those circumstances, the maintenance of effective competition and the guaranteeing of transparency require that the drawing up of technical specifications, the monitoring of their application, and the granting of type-approval must be carried out by a body which is independent of public or private undertakings offering competing goods or services in the telecommunications sector (judgment in Case C-202/88, paragraph 52).

61988CJ0202

French Republic v Commission of the European Communities.

52 Consequently, the Commission was justified in seeking to entrust responsibility for drawing up technical specifications, monitoring their application and granting type-approval to a body independent of public or private undertakings offering competing goods and/or services in the telecommunications sector. 3. Legality of Article 7 of Directive 88/301 (termination of leasing or maintenance contracts)

1991-03-19

61988CJ0018

Régie des télégraphes et des téléphones v GB-Inno-BM SA.

1991-12-13

34 It is apparent from the judgment in Case 178/84 Commission v Germany [1987] ECR 1227, paragraph 46, that it must be open to traders to challenge before the courts an unjustified failure to grant authorization for imports. The same possibility must exist with regard to decisions refusing to grant type-approval since they can lead in practice to denial of access to the market of a Member State to telephone equipment imported from another Member State and hence to a barrier to the free movement of goods.

61984CJ0178

Commission of the European Communities v Federal Republic of Germany.

46 IT SHOULD BE POINTED OUT THAT IT MUST BE OPEN TO TRADERS TO CHALLENGE BEFORE THE COURTS AN UNJUSTIFIED FAILURE TO GRANT AUTHORIZATION . WITHOUT PREJUDICE TO THE RIGHT OF THE COMPETENT NATIONAL AUTHORITIES OF THE IMPORTING MEMBER STATE TO ASK TRADERS TO PRODUCE THE INFORMATION IN THEIR POSSESSION WHICH MAY BE USEFUL FOR THE PURPOSE OF ASSESSING THE FACTS, IT IS FOR THOSE AUTHORITIES TO DEMONSTRATE, AS THE COURT HELD IN ITS JUDGMENT OF 6 MAY 1986 IN THE MULLER CASE, CITED ABOVE, THAT THE PROHIBITION IS JUSTIFIED ON GROUNDS RELATING TO THE PROTECTION OF THE HEALTH OF ITS POPULATION .

1987-03-12

61988CJ0021

Du Pont de Nemours Italiana SpA v Unità sanitaria locale Nº 2 di Carrara.

1990-03-20

8 It must be stated in limine that, as the Court has consistently held since the judgment in Dassonville ( judgment of 11 July 1974 in Case 8/74 Procureur du Roi v Dassonville (( 1974 )) ECR 837, paragraph 5 ), Article 30, by prohibiting as between Member States measures having an effect equivalent to quantitative restrictions on imports, applies to all trading rules which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade .

61974CJ0008

Procureur du Roi v Benoît and Gustave Dassonville.

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

1974-07-11

61997CJ0243

Hellenic Republic v Commission of the European Communities.

2000-07-13

14 The pleas in law and arguments put forward by the Greek Government to justify the regularity of the expenditure correspond essentially to those put forward in Greece v Commission (Case C-46/97) in respect of the clearance of the accounts for 1992. As the Court has rejected those pleas and arguments in paragraphs 4 to 26 of the judgment delivered today in Case C-46/97, they must also be rejected, for the same reasons, in the present case.

61997CJ0046

Hellenic Republic v Commission of the European Communities.

19 According to Article 14(1) of Regulation No 2261/84, each producer Member State is to apply a system of checks to ensure that the product in respect of which aid is granted is eligible for such aid.

2000-07-13

61997CJ0301

Kingdom of the Netherlands v Council of the European Union.

2001-11-22

43 It should be pointed out in this respect that Community legislation must be certain and its application foreseeable by those subject to it (see, to that effect, Case 325/85 Ireland v Commission [1987] ECR 5041, paragraph 18).

61985CJ0325

Ireland v Commission of the European Communities.

18 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

61997CJ0349

Kingdom of Spain v Commission of the European Communities.

2003-05-08

273. The Court has consistently held that so far as the amount of the financial correction is concerned, the Commission may refuse to charge to the EAGGF even the whole of the expenditure in question if it finds that there are no adequate control procedures (see Case C-242/97 Belgium v Commission [2000] ECR I-3421, paragraph 122).

61997CJ0242

Kingdom of Belgium v Commission of the European Communities.

122 It must be observed, first, that so far as the amount of the financial correction is concerned, the Commission may even refuse to charge to the EAGGF the whole of the expenditure in question if it finds that there are no adequate control procedures.

2000-05-18

61988CJ0022

Industrie- en Handelsonderneming Vreugdenhil BV and Gijs van der Kolk - Douane Expediteur BV v Minister van Landbouw en Visserij.

1989-06-29

16 In this regard it should be noted that the Court has consistently held ( see, most recently, the judgment of 11 March 1987 in Joined Cases 279, 280, 285 and 286/84 Rau and Others v Commission (( 1987 )) ECR 1069, paragraph 14, and the judgment of 8 June 1989 in Case 167/88 Association générale des producteurs de blé et autres céréales v ONIC (( 1989 )) ECR 1653, paragraph 15 ) that it follows from the context of the Treaty in which Article 155 must be placed and also from practical requirements that the concept of implementation must be given a wide interpretation . Since only the Commission is in a position to keep track of agricultural market trends and to act quickly when necessary, the Council may confer on it wide powers in that sphere . Consequently, the limits of those powers must be determined by reference to the essential general aims of the market organization .

61988CJ0167

Association générale des producteurs de blé et autres céréales (AGPB) v Office national interprofessionnel des céréales (ONIC).

15 As the Court has consistently held ( see, in particular, the judgment of 11 March 1987 in Joined Cases 279, 280, 285 and 286/84 Rau and Others v Commission (( 1987 )) ECR 1069 ), the Commission' s implementing powers under the common agricultural policy must be given a wide interpretation . Since only the Commission is in a position to keep track of agricultural market trends and to act quickly when necessary, the Council may confer on it wide powers of discretion and action in that sphere and when it does so the limits of those powers must be determined in the light of the essential general aims of the common market organization .

1989-06-08

61988CJ0030

Hellenic Republic v Commission of the European Communities.

1989-11-14

12 It must be pointed out first of all that as the Court has consistently held ( see, most recently, the judgment of 30 September 1987 in Case 12/86 Demirel v Stadt Schwaebish Gmuend (( 1987 )) ECR 3719, paragraph 7 ), the provisions of an agreement concluded by the Council under Articles 228 and 238 of the Treaty form, as from the entry into force of the agreement, an integral part of the Community legal system .

61986CJ0012

Meryem Demirel v Stadt Schwäbisch Gmünd.

7 IT SHOULD FIRST BE POINTED OUT THAT, AS THE COURT HELD IN ITS JUDGMENT OF 30 APRIL 1974 IN CASE 181/73 HAEGEMAN V BELGIUM (( 1974 )) ECR 449, AN AGREEMENT CONCLUDED BY THE COUNCIL UNDER ARTICLES 228 AND 238 OF THE TREATY IS, AS FAR AS THE COMMUNITY IS CONCERNED, AN ACT OF ONE OF THE INSTITUTIONS OF THE COMMUNITY WITHIN THE MEANING OF ARTICLE 177 ( 1 ) ( B ), AND, AS FROM ITS ENTRY INTO FORCE, THE PROVISIONS OF SUCH AN AGREEMENT FORM AN INTEGRAL PART OF THE COMMUNITY LEGAL SYSTEM; WITHIN THE FRAMEWORK OF THAT SYSTEM THE COURT HAS JURISDICTION TO GIVE PRELIMINARY RULINGS CONCERNING THE INTERPRETATION OF SUCH AN AGREEMENT .

1987-09-30

61988CJ0030

Hellenic Republic v Commission of the European Communities.

1989-11-14

13 For the attainment of the objectives laid down by the EEC-Turkey Association Agreement and in the circumstances provided for by that agreement, Article 22 thereof confers a power of decision on the Association Council . With regard to Decision No 2/80, the Court has already held in its judgment of 27 September 1988 in Case 204/86 Hellenic Republic v Council (( 1988 )) ECR 5323, paragraph 20 that, by providing for cooperation with regard to "... the implementation of the aid ... made available to Turkey", the Association Council placed that aid within the institutional framework of the Association . Since it is directly connected with the Association Agreement, Decision No 2/80 forms, from its entry into force, an integral part of the Community legal system .

61986CJ0204

Hellenic Republic v Council of the European Communities.

20 In contrast, the fact that those negotiations resulted in Decision No 2/80 of the Association Council indicates that the Community' s offer "to grant Turkey exceptional aid totalling 75 million European units of account" was accepted by Turkey . By providing for cooperation with regard to "... the implementation of the ... aid ... made available to Turkey", the Association Council placed that aid within the institutional framework of the Association . Under those circumstances, there is nothing in the documents before the Court to suggest that the classification of the special aid as compulsory expenditure is vitiated by an error of law or a manifest error of assessment .

1988-09-27

61988CJ0035

Commission of the European Communities v Hellenic Republic.

1990-07-12

29 With regard to whether such State intervention is compatible with Regulation No 2727/75, it should be noted that the common organizations of the markets are based on the concept of an open market to which every producer has free access under genuinely competitive conditions and the functioning of which is regulated solely by the instruments provided for in those organizations . In particular, in sectors covered by a common organization of the market, and a fortiori when that organization is based, as in the present case, on a common price system, Member States can no longer take action, through national provisions adopted unilaterally, affecting the machinery of price-formation as established under the common organization ( judgment in Case C-281/87 Commission v Greece [1989] ECR 4015, paragraph 16 ).

61987CJ0281

Commission of the European Communities v Hellenic Republic.

16 The Court has held ( see, inter alia, the judgments of 28 November 1978 in Case 83/78 Pigs Marketing Board v Redmond (( 1978 )) ECR 2347, and of 17 January 1980 in Joined Cases 95 and 96/79 Procureur du Roi v Kefer and Delmelle (( 1980 )) ECR 103 ) that the common organizations of the markets are based on the concept of an open market to which every producer has free access and the functioning of which is regulated solely by the instruments provided for in those organizations . In particular, in sectors covered by a common organization of the market, and a fortiori when that organization is based, as in the present case, on a common price system, Member States can no longer take action, through national provisions adopted unilaterally, affecting the machinery of price formation as established under the common organization .

1989-11-29

61998CJ0036

Kingdom of Spain v Council of the European Union.

2001-01-30

59 If examination of a Community measure reveals that it pursues a twofold purpose or that it has a twofold component and if one of these is identifiable as the main or predominant purpose or component, whereas the other is merely incidental, the act must be based on a single legal basis, namely that required by the main or predominant purpose or component (see, to that effect, the judgment in Case C-42/97 Parliament v Council [1999] ECR I-869, paragraphs 39 and 40).

61997CJ0042

European Parliament v Council of the European Union.

39 In that connection, it is not sufficient for the contested decision to pursue a twofold purpose or for an analysis of its content to disclose the existence of a twofold component.

1999-02-23

61998CJ0224

Marie-Nathalie D'Hoop v Office national de l'emploi.

2002-07-11

36 The condition at issue could be justified only if it were based on objective considerations independent of the nationality of the persons concerned and were proportionate to the legitimate aim of the national provisions (Bickel and Franz, paragraph 27).

61996CJ0274

Criminal proceedings against Horst Otto Bickel and Ulrich Franz.

27 A residence requirement of that kind can be justified only if it is based on objective considerations independent of the nationality of the persons concerned and is proportionate to the legitimate aim of the national provisions (see, to that effect, Case C-15/96 Schöning-Kougebetopoulou [1998] ECR I-47, paragraph 21).

1998-11-24

61988CJ0040

Paul F. Weber (in liquidation) v Milchwerke Paderborn-Rimbeck eG.

1989-05-25

13 In order to reply to those questions it should be pointed out, first, that according to settled case-law ( see, for example, the judgments of 23 March 1972 in Case 36/71 Henck v Hauptzollamt Emden (( 1972 )) ECR 187, paragraph 4, and of 26 September 1985 in Case 166/84 Thomasduenger v Oberfinanzdirection Frankfurt am Main (( 1985 )) ECR 3001, paragraph 13 ), in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their characteristics and objective properties as defined in the wording of the relevant heading of the Common Customs Tariff and of the notes to the sections or chapters .

61984CJ0166

Thomasdünger GmbH v Oberfinanzdirektion Frankfurt am Main.

13 AS THE COURT HAS REPEATEDLY HELD , THE DECISIVE CRITERION FOR THE CLASSIFICATION OF GOODS FOR CUSTOMS PURPOSES IS IN GENERAL TO BE SOUGHT IN THEIR CHARACTERISTICS AND OBJECTIVE PROPERTIES AS DEFINED IN THE WORDING OF THE RELEVANT HEADING OF THE COMMON CUSTOMS TARIFF AND OF THE NOTES TO THE SECTIONS OR CHAPTERS .

1985-09-26

61988CJ0040

Paul F. Weber (in liquidation) v Milchwerke Paderborn-Rimbeck eG.

1989-05-25

13 In order to reply to those questions it should be pointed out, first, that according to settled case-law ( see, for example, the judgments of 23 March 1972 in Case 36/71 Henck v Hauptzollamt Emden (( 1972 )) ECR 187, paragraph 4, and of 26 September 1985 in Case 166/84 Thomasduenger v Oberfinanzdirection Frankfurt am Main (( 1985 )) ECR 3001, paragraph 13 ), in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their characteristics and objective properties as defined in the wording of the relevant heading of the Common Customs Tariff and of the notes to the sections or chapters .

61971CJ0036

Günter Henck v Hauptzollamt Emden.

4 IN THE INTERESTS OF LEGAL CERTAINTY AND OF ADMINISTRATION THE CLASSIFICATION OF GOODS IN THE COMMON CUSTOMS TARIFF IS IN PRINCIPLE CARRIED OUT ON THE BASIS OF THEIR OBJECTIVE CHARACTERISTICS . THE WORDING OF HEADING 23.07 TO WHICH REGULATION NO 19/62 REFERS ATTRIBUTES DECISIVE IMPORTANCE TO THE FACT THAT THE RELEVANT PRODUCTS MUST BE A " PREPARATION " AND THAT IT MUST BE INTENDED FOR FEEDING ANIMALS . " PREPARATION " MUST MEAN EITHER THE PROCESSING OF A PRODUCT OR A MIXTURE WITH OTHER PRODUCTS . THE FACT THAT THE PREPARATION IS USED FOR FEEDING ANIMALS CONSTITUTES AN OBJECTIVE FACTOR ENABLING IT TO BE ASCERTAINED WHETHER IT IS SUITABLE ONLY FOR FEEDING ANIMALS . ACCORDINGLY, THE OBJECTIVE CHARACTERISTICS AND PROPERTIES OF THE PRODUCTS WHICH SUPPLY THE DECISIVE CRITERION FOR THEIR CLASSIFICATION UNDER THE SAID TARIFF HEADING .

1972-03-23

61988CJ0040

Paul F. Weber (in liquidation) v Milchwerke Paderborn-Rimbeck eG.

1989-05-25

14 With regard to the question whether the method of manufacture of the product has an effect on classification for customs purposes, the Court has already decided ( see the judgment of 16 December 1976 in Case 38/76 Industriemetall LUMA v Hauptzollamt Duisburg (( 1976 )) ECR 2027, paragraph 7 ) that whilst the Customs Tariff does indeed in certain cases contain references to manufacturing processes it is generally preferred to employ criteria for classification based on the objective characteristics and properties of products which can be ascertained when customs clearance is obtained .

61976CJ0038

Industriemetall Luma GmbH v Hauptzollamt Duisburg.

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

1976-12-16

61988CJ0053

Commission of the European Communities v Hellenic Republic.

1990-11-08

7 There is no need to consider whether the aforementioned presidential decree satisfactorily implements the directive . The Court has consistently held ( see most recently the judgment in Case 76/86 Commission v Germany [1989] ECR 1021, paragraph 8 ) that the scope of an action brought under Article 169 of the Treaty is delimited by the preliminary administrative procedure provided for by that article .

61986CJ0076

Commission of the European Communities v Federal Republic of Germany.

8 Reference should be made in that regard to the established case-law of the Court, set out most recently in the judgments of 7 May 1987 in Case 186/85 Commission v Belgium (( 1987 )) ECR 2029, paragraph 13 and of 14 July 1988 in Case 298/86 Commission v Belgium (( 1988 )) ECR 4343, paragraph 10, according to which the scope of an action brought under Article 169 of the Treaty is delimited by the preliminary administrative procedure provided for by that article . The Commission' s reasoned opinion and its application must be founded on the same grounds and submissions and it follows that the Court cannot consider a complaint that was not formulated in the reasoned opinion .

1989-05-11

61998CJ0248

NV Koninklijke KNP BT v Commission of the European Communities.

2000-11-16

54 As to the second part of this plea, it should be observed that the Court of First Instance has unlimited jurisdiction when it rules on the amount of fines imposed on undertakings for infringements of Community law and that it is not for the Court of Justice, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the Court of First Instance in the matter (Ferriere Nord v Commission, cited above, paragraph 31).

61995CJ0219

Ferriere Nord SpA v Commission of the European Communities.

31 The applicant may not rely on the Italian version of Article 85 of the Treaty in order to require the Commission to demonstrate that the agreement had both an anti-competitive object and effect. That version cannot prevail by itself against all the other language versions, which, by using the term "or", clearly show that the condition in question is not cumulative but alternative, as the Court of Justice has consistently held since its judgment in Société Technique Minière (cited above, p. 249). The uniform interpretation of rules of Community law requires that they be interpreted and applied in the light of the versions existing in the other Community languages (judgments of the Court of Justice in Case 19/67 Van der Vecht [1967] ECR 345 at p. 354, and in Case 283/81 CILFIT v Ministry of Health [1982] ECR 3415, paragraph 18).' 13 The appellant complains that the Court of First Instance failed to take account of the Italian version of Article 85(1) of the Treaty, according to which an agreement must have as its object and effect the prevention, restriction or distortion of competition, with the result that the provision lays down a cumulative, and not an alternative, condition. The reasoning of the Court of First Instance in paragraph 31 of the contested judgment is incorrectly based on case-law not relating to the Italian version of Article 85. The other language versions should be called in aid only where the meaning of one version of a provision is not clear, which is not the case here. 14 Admittedly, unlike the other language versions of Article 85, it appears from the Italian version, as a result of its use of the coordinating conjunction `e', that the agreement must have as its object and effect the prevention, restriction or distortion of competition. However, that difference cannot cast doubt on the interpretation of Article 85 given by the Court of First Instance in paragraph 30 of the contested judgment. 15 In fact, as the Court of First Instance rightly held, it is settled case-law that Community provisions must be interpreted and applied uniformly in the light of the versions existing in the other Community languages (Van der Vecht and CILFIT v Ministry of Health, paragraph 18). This is unaffected by the fact that, as it happens, the Italian version of Article 85, considered on its own, is clear and unambiguous, since all the other language versions expressly render the condition set out in Article 85(1) of the Treaty in the form of an alternative. 16 It follows that the first limb of the first plea must be rejected. 17 The second limb of the first plea relates to paragraphs 32 to 35 of the contested judgment, which read: `32 ... Article 85(1) of the Treaty does not require that the restrictions on competition which have been established have actually affected trade between Member States, but only requires that it be established that such agreements are capable of having that effect (judgment in Miller, cited above, paragraph 15). 33 In the present case, the fact that the applicant's units of production of welded steel mesh are far away from the French market is not in itself of such a nature as to hinder its exports to that market. Moreover, the applicant's arguments themselves show that the agreements were, in so far as they tended to increase prices, likely to increase its exports to France and thereby to affect trade between Member States. 34 Furthermore, assuming, as the applicant claims, that the agreements did not alter the total market share held by the Italian producers and that its exports remained far below its allocated quota, it is nevertheless the case that the restrictions on competition which have been established were likely to divert patterns of trade from the course which they would otherwise have followed (judgment in Van Landewyck, cited above, paragraph 172). The object of the agreements was to allocate quotas for imports into the French market in order to bring about an artificial increase in prices on that market. 35 It follows that, as is found in the Decision, by being a party to agreements which had as their object the restriction of competition within the common market and which might have affected trade between Member States, the applicant infringed Article 85(1) of the Treaty.' 18 The appellant complains that the Court of First Instance merely held in paragraph 32 that it is sufficient that the agreements to which it was a party were capable of actually affecting trade in order for them to be contrary to Article 85 of the Treaty, whereas the Court of First Instance should also have established in what respect those agreements hampered trade between Member States. In its view, the agreements at issue were not capable of actually affecting trade between Italy and France. 19 In this connection, it must be held that the Court of First Instance rightly pointed out in paragraph 32 of the contested judgment that, according to Case 19/77 Miller v Commission [1978] ECR 131, paragraph 15, Article 85(1) of the Treaty does not require that agreements referred to in that provision have actually affected trade between Member States, which, moreover, is difficult to prove to a sufficient legal standard in most cases, but requires that it be established that the agreements are capable of having that effect. 20 Furthermore, it has been consistently held that in order that an agreement, decision or concerted practice may affect trade between Member States it must be possible to foresee with a sufficient degree of probability on the basis of a set of factors of law or fact that it may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States such as to give rise to the fear that the realization of a single market between Member States might be impeded (see Case 54/65 Société Technique Minière v Maschinenbau Ulm [1966] ECR 235 and Joined Cases 209/78 to 215/78 and 218/78 Van Landewyck v Commission [1980] ECR 3125, paragraph 170). 21 It follows that the second limb of the first plea must also be rejected. 22 The third limb of the first plea relates to paragraph 29 of the contested judgment: `29 With regard to the effect on competition, it is true, as the applicant observes, that the price of welded steel mesh depends largely on that of wire rod, but it does not follow from this that any possibility of effective competition in that sector was precluded. The producers still had a sufficient margin to allow effective competition in the market. The agreements could therefore have had an appreciable effect on competition ...'. 23 The appellant complains that the Court of First Instance gave no reasons for its finding that, despite the legislative and economic context relating to wire rod, any possibility of effective competition in the sector of welded steel mesh was not for all that excluded. 24 Admittedly, the appellant does not contest the existence of a margin of competition on the market in welded steel mesh despite the ECSC regime applicable to wire rod. However, it complains that the Court of First Instance did not consider whether the agreements on welded steel mesh might not have been consistent with Article 85 of the Treaty in so far as they helped to increase the price of welded steel mesh and hence, indirectly, of wire rod. The Commission wanted the price level on the wire rod market to recover. Consequently, the appellant claims that the true aim of the agreement with French manufacturers of welded steel mesh was not to restrict competition in the sector, but to pursue the same aims as the Commission in the wire rod sector. 25 In this regard, it must be held that the Court of First Instance was right in law to find merely that there was a sufficient margin to allow effective competition in the market in welded steel mesh. The fact that the market in wire rod - upstream of the market in welded steel mesh - was subject to production quotas, and not imposed prices as the appellant seems to be arguing, has no bearing on the finding made by the Court of First Instance. In any event, the legislative and economic context of wire rod did not authorize the appellant to take part in anti-competitive agreements relating to a derived product on the pretext of protecting the product upstream, thereby substituting itself for the competent authorities, which alone had the power to do so. 26 The whole of the first plea must therefore be rejected. Second plea, alleging infringement of Article 15(2) of Regulation No 17 27 This plea is concerned with fixing and determining the amount of the fine in accordance with Article 15(2) of Regulation No 17. 28 Article 15(2) of Regulation No 17 provides as follows: `The Commission may by decision impose on undertakings or associations of undertakings fines ... where, either intentionally or negligently: (a) they infringe Article 85(1) or Article 86 of the Treaty; or (b) ... In fixing the amount of the fine, regard shall be had both to the gravity and to the duration of the infringement.' 29 The appellant asks that the fine imposed on it by the contested decision be abolished or, at least, reduced. 30 In this regard, it maintains that the Court of First Instance did not consider all the arguments which it raised before it or that it did not consider sufficiently to what extent they were well founded. In the alternative, it argues that, assuming the fine to be well founded in principle, its amount is in any case excessive and unjust. 31 As regards the allegedly unjust nature of the fine, it is important to point out that it is not for this Court, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the Court of First Instance exercising its unlimited jurisdiction to rule on the amount of fines imposed on undertakings for infringements of Community law (Case C-310/93 P BPB Industries and British Gypsum v Commission [1995] ECR I-865, paragraph 34). In contrast, the Court of Justice does have jurisdiction to consider whether the Court of First Instance has responded to a sufficient legal standard to all the arguments raised by the appellant with a view to having the fine abolished or reduced.

1997-07-17

61998CJ0263

Kingdom of Belgium v Commission of the European Communities.

2001-09-20

54 As the Court pointed out at paragraph 51 of its judgment in Belgium v Commission, cited above, the Commission withdrew that charge, which had been made in Annex II to its 1993 summary report; it also stated that Decision 97/333 was not based on that charge. However, the contested Decision is based on the same grounds as Decision 97/333.

61997CJ0242

Kingdom of Belgium v Commission of the European Communities.

51 During the written procedure before the Court, the Commission withdrew that charge, which had been made in Annex II to its summary report. It also stated that the contested decision was not based on that charge.

2000-05-18

61988CJ0062

Hellenic Republic v Council of the European Communities.

1990-03-29

21 As regards the Greek Government' s reference to the need to base Regulation No 3955/87 also on Article 235, it need merely be stated that, as the Court has held, use of that article as the legal basis for a measure is justified only where no other provision of the Treaty gives the Community institutions the necessary power to adopt the measure in question ( see most recently the judgment of 30 May 1989 in Case 242/87 Commission v Council (( 1989 )) ECR 1425, paragraph 6 ).

61987CJ0242

Commission of the European Communities v Council of the European Communities.

6 As the Court has already stated, it follows from the very wording of Article 235 that its use as the legal basis for a measure is justified only where no other provision of the Treaty gives the Community institutions the necessary power to adopt the measure in question ( judgment of 26 March 1987 in Case 45/86 Commission v Council (( 1987 )) ECR 1493 ).

1989-05-30

61988CJ0070(01)

European Parliament v Council of the European Communities.

1991-10-04

9 The Court has consistently held that in the context of the organization of the powers of the Community the choice of the legal basis for a measure may not depend simply on an institution' s conviction as to the objective pursued but must be based on objective factors which are amenable to judicial review. Those factors include in particular the aim and content of the measure (see, most recently, paragraph 10 of the judgment in Case C-300/89 Commission v Council [1991] ECR I-2867).

61989CJ0300

Commission of the European Communities v Council of the European Communities.

10 It must first be observed that in the context of the organization of the powers of the Community the choice of the legal basis for a measure may not depend simply on an institution' s conviction as to the objective pursued but must be based on objective factors which are amenable to judicial review (see the judgment in Case 45/86 Commission v Council [1987] ECR 1493, paragraph 11). Those factors include in particular the aim and content of the measure.

1991-06-11

61988CJ0108

Juan Jaenicke Cendoya v Commission of the European Communities.

1989-07-13

9 The Court has consistently held that such claims are inadmissible ( see in particular the judgment of 10 December 1969 in Case 12/69 Gustav Wonnerth v Commission (( 1969 )) ECR 577, paragraph 6 ). The application for the annulment of the decision to reject the applicant' s candidature The submission that the statement of reasons for the contested decision was inadequate

61969CJ0012

Gustav Wonnerth v Commission of the European Communities.

6 THE PURPOSE OF HIS SEEKING THESE RULINGS IS EITHER TO OBTAIN ACCEPTANCE OF THE VALIDITY OF CERTAIN OF THE SUBMISSIONS PUT FORWARD IN SUPPORT OF THE APPLICATION FOR ANNULMENT, OR TO INDUCE THE COURT AT THIS STAGE TO GIVE INSTRUCTIONS TO THE AUTHORITY RESPONSIBLE FOR ENFORCING THE JUDGMENT TO BE DELIVERED IN THIS INSTANCE .

1969-12-10

61988CJ0109

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

1989-10-17

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

61986CJ0318

Commission of the European Communities v French Republic.

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

1988-06-30

61988CJ0119

AERPO and others v Commission of the European Communities.

1990-06-06

18 It must also be borne in mind that in its judgment of 2 December 1971 in Case 5/71 Aktien-Zuckerfabrik Schoeppenstedt v Council (( 1971 )) ECR 975, paragraph 11, the Court held that the Community does not incur non-contractual liability for damage suffered by individuals as a consequence of action involving choices of economic policy, by virtue of the second paragraph of Article 215 of the Treaty, unless a sufficiently serious breach of a superior rule of law for the protection of the individual has occurred .

61971CJ0005

Aktien-Zuckerfabrik Schöppenstedt v Council of the European Communities.

11 IN THE PRESENT CASE THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY PRESUPPOSES AT THE VERY LEAST THE UNLAWFUL NATURE OF THE ACT ALLEGED TO BE THE CAUSE OF THE DAMAGE . WHERE LEGISLATIVE ACTION INVOLVING MEASURES OF ECONOMIC POLICY IS CONCERNED, THE COMMUNITY DOES NOT INCUR NONCONTRACTUAL LIABILITY FOR DAMAGE SUFFERED BY INDIVIDUALS AS A CONSEQUENCE OF THAT ACTION, BY VIRTUE OF THE PROVISIONS CONTAINED IN ARTICLE 215, SECOND PARAGRAPH, OF THE TREATY, UNLESS A SUFFICIENTLY FLAGRANT VIOLATION OF A SUPERIOR RULE OF LAW FOR THE PROTECTION OF THE INDIVIDUAL HAS OCCURRED . FOR THAT REASON THE COURT, IN THE PRESENT CASE, MUST FIRST CONSIDER WHETHER SUCH A VIOLATION HAS OCCURRED .

1971-12-02

61998CJ0277

French Republic v Commission of the European Communities.

2001-11-13

41 However, the Commission is obliged to give reasons for each decision finding that negligence is attributable to the Member State concerned (see, to the effect, Case C-8/88 Germany v Commission [1990] ECR I-2321, paragraph 23).

61988CJ0008

Federal Republic of Germany v Commission of the European Communities.

23 Nevertheless, it should be stated that the Commission is obliged on each occasion to give reasons for its decision finding an absence of, or defects in, inspection procedures operated by the Member State in question .

1990-06-12

61998CJ0278

Kingdom of the Netherlands v Commission of the European Communities.

2001-03-06

97 In such circumstances, the applicant cannot claim that the failure to monitor that undertaking meant that the investigations were not representative (see, to that effect, Case 151/80 De Hoe v Commission [1981] ECR 3161, paragraphs 17 to 19).

61980CJ0151

Jacques de Hoe v Commission of the European Communities.

17 IN HIS THIRD SUBMISSION THE APPLICANT CONTENDS THAT AT THE TIME OF THE CONTESTED DECISION THE COMMISSION DID NOT HAVE HIS PERIODIC REPORT FOR THE PERIOD FROM 1975 TO 1977 . IT IS ALSO TRUE THAT , ACCORDING TO THE CASE-LAW OF THE COURT , PERIODIC REPORTS CONSTITUTE ESSENTIAL FACTORS FOR ALL DECISIONS CONCERNING AN OFFICIAL ' S CAREER .

1981-12-17

61998CJ0278

Kingdom of the Netherlands v Commission of the European Communities.

2001-03-06

97 In such circumstances, the applicant cannot claim that the failure to monitor that undertaking meant that the investigations were not representative (see, to that effect, Case 151/80 De Hoe v Commission [1981] ECR 3161, paragraphs 17 to 19).

61980CJ0151

Jacques de Hoe v Commission of the European Communities.

19 UNDER THOSE CIRCUMSTANCES THE APPLICANT MAY NOT RELY ON THE ABSENCE OF THE PERIODIC REPORT FOR THE PERIOD MENTIONED , AND THEREFORE THE THIRD SUBMISSION MUST ALSO BE REJECTED .

1981-12-17

61988CJ0119

AERPO and others v Commission of the European Communities.

1990-06-06

20 Finally, with respect to the alleged inadequacy of the statement of the reasons on which the contested regulation was based, the Court has consistently held ( see the judgment of 15 September 1982 in Case 106/81 Kind v European Economic Community (( 1982 )) ECR 2885, paragraph 14 ) that any inadequacy in the statement of the reasons on which a measure contained in a regulation is based is not sufficient to make the Community liable .

61981CJ0106

Julius Kind KG v European Economic Community.

14 THAT SUBMISSION MUST BE REJECTED . AS FAR AS THE SYSTEM OF LEGAL REMEDIES IS CONCERNED THE REQUIREMENT OF A STATEMENT OF THE REASONS UPON WHICH MEASURES ADOPTED BY THE INSTITUTIONS ARE BASED IS DESIGNED TO ENABLE THE COURT TO EXERCISE ITS POWERS OF REVIEW OF THE LEGALITY OF SUCH MEASURES IN THE CONTEXT OF ARTICLE 173 FOR THE BENEFIT OF INDIVIDUALS TO WHOM THAT REMEDY IS MADE AVAILABLE BY THE TREATY . NEVERTHELESS , ANY INADEQUACY IN THE STATEMENT OF THE REASONS UPON WHICH A MEASURE CONTAINED IN A REGULATION IS BASED IS NOT SUFFICIENT TO MAKE THE COMMUNITY LIABLE .

1982-09-15

61988CJ0120

Commission of the European Communities v Italian Republic.

1991-02-26

10 The right of non-taxable importers to rely on the directly applicable provisions of Article 95 before national courts is only a minimum guarantee and is not sufficient in itself to ensure the full and complete implementation of the Treaty (see the judgment in Case 168/85 Commission v Italy [1986] ECR 2945, at paragraph 11).

61985CJ0168

Commission of the European Communities v Italian Republic.

11 IT MUST BE OBSERVED IN THAT REGARD THAT DIRECTLY APPLICABLE PROVISIONS OF THE TREATY ARE BINDING ON ALL THE AUTHORITIES OF THE MEMBER STATES AND THEY MUST THEREFORE COMPLY WITH THEM WITHOUT ITS BEING NECESSARY TO ADOPT NATIONAL IMPLEMENTING PROVISIONS . HOWEVER , AS THE COURT HELD IN ITS JUDGMENT OF 20 MARCH 1986 IN CASE 72/85 ( COMMISSION V NETHERLANDS ( 1986 ) ECR 1219 ), THE RIGHT OF INDIVIDUALS TO RELY ON DIRECTLY APPLICABLE PROVISIONS OF THE TREATY BEFORE NATIONAL COURTS IS ONLY A MINIMUM GUARANTEE AND IS NOT SUFFICIENT IN ITSELF TO ENSURE THE FULL AND COMPLETE IMPLEMENTATION OF THE TREATY . IT IS CLEAR FROM PREVIOUS JUDGMENTS OF THE COURT , IN PARTICULAR ITS JUDGMENT OF 25 OCTOBER 1979 , CITED ABOVE , THAT IF A PROVISION OF NATIONAL LAW THAT IS INCOMPATIBLE WITH A PROVISION OF THE TREATY , EVEN ONE DIRECTLY APPLICABLE IN THE LEGAL ORDER OF THE MEMBER STATES , IS RETAINED UNCHANGED , THIS CREATES AN AMBIGUOUS STATE OF AFFAIRS BY KEEPING THE PERSONS CONCERNED IN A STATE OF UNCERTAINTY AS TO THE POSSIBILITY OF RELYING ON COMMUNITY LAW AND THAT MAINTAINING SUCH A PROVISION IN FORCE THEREFORE AMOUNTS TO A FAILURE BY THE STATE IN QUESTION TO COMPLY WITH ITS OBLIGATIONS UNDER THE TREATY .

1986-10-15

61988CJ0120

Commission of the European Communities v Italian Republic.

1991-02-26

5 It ought to be noted at the outset that, according to the established case-law of the Court, Article 95 of the Treaty lays downs a prohibition of discriminatory taxation of imported goods. That prohibition produces direct effects and creates for individuals personal rights which national courts are bound to protect (see, in particular, paragraph 46 of the judgment in Case 15/81 Gaston Schul Douane Expediteur BV v Inspecteur der Invoerrechten en Accijnzen, Roosendaal [1982] ECR 1409 - the first Gaston Schul case).

61981CJ0015

Gaston Schul Douane Expediteur BV v Inspecteur der Invoerrechten en Accijnzen, Roosendaal.

46 ACCORDING TO ESTABLISHED CASE-LAW OF THE COURT THAT PROVISION CONTAINS A PROHIBITION OF DISCRIMINATION WHICH CONSTITUTES A CLEAR AND WHOLLY UNCONDITIONAL OBLIGATION AND ITS IMPLEMENTATION AND EFFECTS ARE NOT SUBJECT TO THE ADOPTION OF ANY MEASURE BY THE INSTITUTIONS OF THE COMMUNITY OR THE MEMBER STATES . THE PROHIBITION THUS PRODUCES DIRECT EFFECTS AND CREATES FOR INDIVIDUALS PERSONAL RIGHTS WHICH THE NATIONAL COURTS ARE BOUND TO PROTECT .

1982-05-05

61988CJ0125

Criminal proceedings against H. F. M. Nijman.

1989-11-07

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

61983CJ0094

Criminal proceedings against Albert Heijn BV.

13 IT IS NOT DISPUTED THAT PESTICIDES CONSTITUTE A MAJOR RISK TO HUMAN AND ANIMAL HEALTH AND TO THE ENVIRONMENT ; THIS HAS MOREOVER BEEN RECOGNIZED AT COMMUNITY LEVEL , IN PARTICULAR IN THE FIFTH RECITAL IN THE PREAMBLE TO THE AFOREMENTIONED COUNCIL DIRECTIVE NO 76/895 , WHICH STATES THAT ' ' PESTICIDES DO NOT HAVE ONLY A FAVOURABLE EFFECT ON PLANT PRODUCTION , SINCE THEY ARE GENERALLY TOXIC SUBSTANCES OR PREPARATIONS WITH DANGEROUS SIDE EFFECTS ' ' .

1984-09-19

61998CJ0280

Moritz J. Weig GmbH & Co. KG v Commission of the European Communities.

2000-11-16

62 It should be observed that the Court of First Instance has unlimited jurisdiction when it rules on the amount of fines imposed on undertakings for infringements of Community law and that it is not for the Court of Justice, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the Court of First Instance in the matter (Ferriere Nord v Commission, cited above, paragraph 31).

61995CJ0219

Ferriere Nord SpA v Commission of the European Communities.

31 The applicant may not rely on the Italian version of Article 85 of the Treaty in order to require the Commission to demonstrate that the agreement had both an anti-competitive object and effect. That version cannot prevail by itself against all the other language versions, which, by using the term "or", clearly show that the condition in question is not cumulative but alternative, as the Court of Justice has consistently held since its judgment in Société Technique Minière (cited above, p. 249). The uniform interpretation of rules of Community law requires that they be interpreted and applied in the light of the versions existing in the other Community languages (judgments of the Court of Justice in Case 19/67 Van der Vecht [1967] ECR 345 at p. 354, and in Case 283/81 CILFIT v Ministry of Health [1982] ECR 3415, paragraph 18).' 13 The appellant complains that the Court of First Instance failed to take account of the Italian version of Article 85(1) of the Treaty, according to which an agreement must have as its object and effect the prevention, restriction or distortion of competition, with the result that the provision lays down a cumulative, and not an alternative, condition. The reasoning of the Court of First Instance in paragraph 31 of the contested judgment is incorrectly based on case-law not relating to the Italian version of Article 85. The other language versions should be called in aid only where the meaning of one version of a provision is not clear, which is not the case here. 14 Admittedly, unlike the other language versions of Article 85, it appears from the Italian version, as a result of its use of the coordinating conjunction `e', that the agreement must have as its object and effect the prevention, restriction or distortion of competition. However, that difference cannot cast doubt on the interpretation of Article 85 given by the Court of First Instance in paragraph 30 of the contested judgment. 15 In fact, as the Court of First Instance rightly held, it is settled case-law that Community provisions must be interpreted and applied uniformly in the light of the versions existing in the other Community languages (Van der Vecht and CILFIT v Ministry of Health, paragraph 18). This is unaffected by the fact that, as it happens, the Italian version of Article 85, considered on its own, is clear and unambiguous, since all the other language versions expressly render the condition set out in Article 85(1) of the Treaty in the form of an alternative. 16 It follows that the first limb of the first plea must be rejected. 17 The second limb of the first plea relates to paragraphs 32 to 35 of the contested judgment, which read: `32 ... Article 85(1) of the Treaty does not require that the restrictions on competition which have been established have actually affected trade between Member States, but only requires that it be established that such agreements are capable of having that effect (judgment in Miller, cited above, paragraph 15). 33 In the present case, the fact that the applicant's units of production of welded steel mesh are far away from the French market is not in itself of such a nature as to hinder its exports to that market. Moreover, the applicant's arguments themselves show that the agreements were, in so far as they tended to increase prices, likely to increase its exports to France and thereby to affect trade between Member States. 34 Furthermore, assuming, as the applicant claims, that the agreements did not alter the total market share held by the Italian producers and that its exports remained far below its allocated quota, it is nevertheless the case that the restrictions on competition which have been established were likely to divert patterns of trade from the course which they would otherwise have followed (judgment in Van Landewyck, cited above, paragraph 172). The object of the agreements was to allocate quotas for imports into the French market in order to bring about an artificial increase in prices on that market. 35 It follows that, as is found in the Decision, by being a party to agreements which had as their object the restriction of competition within the common market and which might have affected trade between Member States, the applicant infringed Article 85(1) of the Treaty.' 18 The appellant complains that the Court of First Instance merely held in paragraph 32 that it is sufficient that the agreements to which it was a party were capable of actually affecting trade in order for them to be contrary to Article 85 of the Treaty, whereas the Court of First Instance should also have established in what respect those agreements hampered trade between Member States. In its view, the agreements at issue were not capable of actually affecting trade between Italy and France. 19 In this connection, it must be held that the Court of First Instance rightly pointed out in paragraph 32 of the contested judgment that, according to Case 19/77 Miller v Commission [1978] ECR 131, paragraph 15, Article 85(1) of the Treaty does not require that agreements referred to in that provision have actually affected trade between Member States, which, moreover, is difficult to prove to a sufficient legal standard in most cases, but requires that it be established that the agreements are capable of having that effect. 20 Furthermore, it has been consistently held that in order that an agreement, decision or concerted practice may affect trade between Member States it must be possible to foresee with a sufficient degree of probability on the basis of a set of factors of law or fact that it may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States such as to give rise to the fear that the realization of a single market between Member States might be impeded (see Case 54/65 Société Technique Minière v Maschinenbau Ulm [1966] ECR 235 and Joined Cases 209/78 to 215/78 and 218/78 Van Landewyck v Commission [1980] ECR 3125, paragraph 170). 21 It follows that the second limb of the first plea must also be rejected. 22 The third limb of the first plea relates to paragraph 29 of the contested judgment: `29 With regard to the effect on competition, it is true, as the applicant observes, that the price of welded steel mesh depends largely on that of wire rod, but it does not follow from this that any possibility of effective competition in that sector was precluded. The producers still had a sufficient margin to allow effective competition in the market. The agreements could therefore have had an appreciable effect on competition ...'. 23 The appellant complains that the Court of First Instance gave no reasons for its finding that, despite the legislative and economic context relating to wire rod, any possibility of effective competition in the sector of welded steel mesh was not for all that excluded. 24 Admittedly, the appellant does not contest the existence of a margin of competition on the market in welded steel mesh despite the ECSC regime applicable to wire rod. However, it complains that the Court of First Instance did not consider whether the agreements on welded steel mesh might not have been consistent with Article 85 of the Treaty in so far as they helped to increase the price of welded steel mesh and hence, indirectly, of wire rod. The Commission wanted the price level on the wire rod market to recover. Consequently, the appellant claims that the true aim of the agreement with French manufacturers of welded steel mesh was not to restrict competition in the sector, but to pursue the same aims as the Commission in the wire rod sector. 25 In this regard, it must be held that the Court of First Instance was right in law to find merely that there was a sufficient margin to allow effective competition in the market in welded steel mesh. The fact that the market in wire rod - upstream of the market in welded steel mesh - was subject to production quotas, and not imposed prices as the appellant seems to be arguing, has no bearing on the finding made by the Court of First Instance. In any event, the legislative and economic context of wire rod did not authorize the appellant to take part in anti-competitive agreements relating to a derived product on the pretext of protecting the product upstream, thereby substituting itself for the competent authorities, which alone had the power to do so. 26 The whole of the first plea must therefore be rejected. Second plea, alleging infringement of Article 15(2) of Regulation No 17 27 This plea is concerned with fixing and determining the amount of the fine in accordance with Article 15(2) of Regulation No 17. 28 Article 15(2) of Regulation No 17 provides as follows: `The Commission may by decision impose on undertakings or associations of undertakings fines ... where, either intentionally or negligently: (a) they infringe Article 85(1) or Article 86 of the Treaty; or (b) ... In fixing the amount of the fine, regard shall be had both to the gravity and to the duration of the infringement.' 29 The appellant asks that the fine imposed on it by the contested decision be abolished or, at least, reduced. 30 In this regard, it maintains that the Court of First Instance did not consider all the arguments which it raised before it or that it did not consider sufficiently to what extent they were well founded. In the alternative, it argues that, assuming the fine to be well founded in principle, its amount is in any case excessive and unjust. 31 As regards the allegedly unjust nature of the fine, it is important to point out that it is not for this Court, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the Court of First Instance exercising its unlimited jurisdiction to rule on the amount of fines imposed on undertakings for infringements of Community law (Case C-310/93 P BPB Industries and British Gypsum v Commission [1995] ECR I-865, paragraph 34). In contrast, the Court of Justice does have jurisdiction to consider whether the Court of First Instance has responded to a sufficient legal standard to all the arguments raised by the appellant with a view to having the fine abolished or reduced.

1997-07-17

61998CJ0283

Mo och Domsjö AB v Commission of the European Communities.

2000-11-16

24 In that regard, it is sufficient to observe that although it is not for the Court of Justice, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the Court of First Instance exercising its unlimited jurisdiction to rule on the amount of fines imposed on undertakings for infringements of Community law (Case C-310/93 P BPB Industries and British Gypsum v Commission [1995] ECR I-865, paragraph 34), the Court of Justice does nevertheless have jurisdiction to consider whether the Court of First Instance has responded to a sufficient legal standard to all the arguments raised by the appellant with a view to having the fine cancelled or reduced (Case C-219/95 P Ferriere Nord v Commission [1997] ECR I-4411, paragraph 31).

61995CJ0219

Ferriere Nord SpA v Commission of the European Communities.

31 The applicant may not rely on the Italian version of Article 85 of the Treaty in order to require the Commission to demonstrate that the agreement had both an anti-competitive object and effect. That version cannot prevail by itself against all the other language versions, which, by using the term "or", clearly show that the condition in question is not cumulative but alternative, as the Court of Justice has consistently held since its judgment in Société Technique Minière (cited above, p. 249). The uniform interpretation of rules of Community law requires that they be interpreted and applied in the light of the versions existing in the other Community languages (judgments of the Court of Justice in Case 19/67 Van der Vecht [1967] ECR 345 at p. 354, and in Case 283/81 CILFIT v Ministry of Health [1982] ECR 3415, paragraph 18).' 13 The appellant complains that the Court of First Instance failed to take account of the Italian version of Article 85(1) of the Treaty, according to which an agreement must have as its object and effect the prevention, restriction or distortion of competition, with the result that the provision lays down a cumulative, and not an alternative, condition. The reasoning of the Court of First Instance in paragraph 31 of the contested judgment is incorrectly based on case-law not relating to the Italian version of Article 85. The other language versions should be called in aid only where the meaning of one version of a provision is not clear, which is not the case here. 14 Admittedly, unlike the other language versions of Article 85, it appears from the Italian version, as a result of its use of the coordinating conjunction `e', that the agreement must have as its object and effect the prevention, restriction or distortion of competition. However, that difference cannot cast doubt on the interpretation of Article 85 given by the Court of First Instance in paragraph 30 of the contested judgment. 15 In fact, as the Court of First Instance rightly held, it is settled case-law that Community provisions must be interpreted and applied uniformly in the light of the versions existing in the other Community languages (Van der Vecht and CILFIT v Ministry of Health, paragraph 18). This is unaffected by the fact that, as it happens, the Italian version of Article 85, considered on its own, is clear and unambiguous, since all the other language versions expressly render the condition set out in Article 85(1) of the Treaty in the form of an alternative. 16 It follows that the first limb of the first plea must be rejected. 17 The second limb of the first plea relates to paragraphs 32 to 35 of the contested judgment, which read: `32 ... Article 85(1) of the Treaty does not require that the restrictions on competition which have been established have actually affected trade between Member States, but only requires that it be established that such agreements are capable of having that effect (judgment in Miller, cited above, paragraph 15). 33 In the present case, the fact that the applicant's units of production of welded steel mesh are far away from the French market is not in itself of such a nature as to hinder its exports to that market. Moreover, the applicant's arguments themselves show that the agreements were, in so far as they tended to increase prices, likely to increase its exports to France and thereby to affect trade between Member States. 34 Furthermore, assuming, as the applicant claims, that the agreements did not alter the total market share held by the Italian producers and that its exports remained far below its allocated quota, it is nevertheless the case that the restrictions on competition which have been established were likely to divert patterns of trade from the course which they would otherwise have followed (judgment in Van Landewyck, cited above, paragraph 172). The object of the agreements was to allocate quotas for imports into the French market in order to bring about an artificial increase in prices on that market. 35 It follows that, as is found in the Decision, by being a party to agreements which had as their object the restriction of competition within the common market and which might have affected trade between Member States, the applicant infringed Article 85(1) of the Treaty.' 18 The appellant complains that the Court of First Instance merely held in paragraph 32 that it is sufficient that the agreements to which it was a party were capable of actually affecting trade in order for them to be contrary to Article 85 of the Treaty, whereas the Court of First Instance should also have established in what respect those agreements hampered trade between Member States. In its view, the agreements at issue were not capable of actually affecting trade between Italy and France. 19 In this connection, it must be held that the Court of First Instance rightly pointed out in paragraph 32 of the contested judgment that, according to Case 19/77 Miller v Commission [1978] ECR 131, paragraph 15, Article 85(1) of the Treaty does not require that agreements referred to in that provision have actually affected trade between Member States, which, moreover, is difficult to prove to a sufficient legal standard in most cases, but requires that it be established that the agreements are capable of having that effect. 20 Furthermore, it has been consistently held that in order that an agreement, decision or concerted practice may affect trade between Member States it must be possible to foresee with a sufficient degree of probability on the basis of a set of factors of law or fact that it may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States such as to give rise to the fear that the realization of a single market between Member States might be impeded (see Case 54/65 Société Technique Minière v Maschinenbau Ulm [1966] ECR 235 and Joined Cases 209/78 to 215/78 and 218/78 Van Landewyck v Commission [1980] ECR 3125, paragraph 170). 21 It follows that the second limb of the first plea must also be rejected. 22 The third limb of the first plea relates to paragraph 29 of the contested judgment: `29 With regard to the effect on competition, it is true, as the applicant observes, that the price of welded steel mesh depends largely on that of wire rod, but it does not follow from this that any possibility of effective competition in that sector was precluded. The producers still had a sufficient margin to allow effective competition in the market. The agreements could therefore have had an appreciable effect on competition ...'. 23 The appellant complains that the Court of First Instance gave no reasons for its finding that, despite the legislative and economic context relating to wire rod, any possibility of effective competition in the sector of welded steel mesh was not for all that excluded. 24 Admittedly, the appellant does not contest the existence of a margin of competition on the market in welded steel mesh despite the ECSC regime applicable to wire rod. However, it complains that the Court of First Instance did not consider whether the agreements on welded steel mesh might not have been consistent with Article 85 of the Treaty in so far as they helped to increase the price of welded steel mesh and hence, indirectly, of wire rod. The Commission wanted the price level on the wire rod market to recover. Consequently, the appellant claims that the true aim of the agreement with French manufacturers of welded steel mesh was not to restrict competition in the sector, but to pursue the same aims as the Commission in the wire rod sector. 25 In this regard, it must be held that the Court of First Instance was right in law to find merely that there was a sufficient margin to allow effective competition in the market in welded steel mesh. The fact that the market in wire rod - upstream of the market in welded steel mesh - was subject to production quotas, and not imposed prices as the appellant seems to be arguing, has no bearing on the finding made by the Court of First Instance. In any event, the legislative and economic context of wire rod did not authorize the appellant to take part in anti-competitive agreements relating to a derived product on the pretext of protecting the product upstream, thereby substituting itself for the competent authorities, which alone had the power to do so. 26 The whole of the first plea must therefore be rejected. Second plea, alleging infringement of Article 15(2) of Regulation No 17 27 This plea is concerned with fixing and determining the amount of the fine in accordance with Article 15(2) of Regulation No 17. 28 Article 15(2) of Regulation No 17 provides as follows: `The Commission may by decision impose on undertakings or associations of undertakings fines ... where, either intentionally or negligently: (a) they infringe Article 85(1) or Article 86 of the Treaty; or (b) ... In fixing the amount of the fine, regard shall be had both to the gravity and to the duration of the infringement.' 29 The appellant asks that the fine imposed on it by the contested decision be abolished or, at least, reduced. 30 In this regard, it maintains that the Court of First Instance did not consider all the arguments which it raised before it or that it did not consider sufficiently to what extent they were well founded. In the alternative, it argues that, assuming the fine to be well founded in principle, its amount is in any case excessive and unjust. 31 As regards the allegedly unjust nature of the fine, it is important to point out that it is not for this Court, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the Court of First Instance exercising its unlimited jurisdiction to rule on the amount of fines imposed on undertakings for infringements of Community law (Case C-310/93 P BPB Industries and British Gypsum v Commission [1995] ECR I-865, paragraph 34). In contrast, the Court of Justice does have jurisdiction to consider whether the Court of First Instance has responded to a sufficient legal standard to all the arguments raised by the appellant with a view to having the fine abolished or reduced.

1997-07-17

61998CJ0300

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

2000-12-14

34 In particular, the Court has jurisdiction to interpret Article 50 of TRIPs in order to meet the needs of the courts of the Member States when they are called upon to apply national rules with a view to ordering provisional measures for the protection of rights arising under Community legislation falling within the scope of TRIPs (see Hermès, paragraphs 28 and 29).

61996CJ0053

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

29 It follows that the Court has, in any event, jurisdiction to interpret Article 50 of the TRIPs Agreement.

1998-06-16