ddrg/super_eurlex huggingface dataset:
6

Article 7 of Regulation No 1151/2012, entitled ‘Product specification’, provides as follows: ‘1. A protected designation of origin or a protected geographical indication shall comply with a specification which shall include at least: (a) the name to be protected as a designation of origin or geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area; (b) a description of the product, including the raw materials, if appropriate, as well as the principal physical, chemical, microbiological or organoleptic characteristics of the product; (c) the definition of the geographical area delimited with regard to the link referred to in point (f) (i) or (ii) of this paragraph, and, where appropriate, details indicating compliance with the requirements of Article 5(3); (d) evidence that the product originates in the defined geographical area referred to in Article 5(1) or (2); (e) a description of the method of obtaining the product and, where appropriate, the authentic and unvarying local methods as well as information concerning packaging, if the applicant group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services; (f) details establishing the following: (i) the link between the quality or characteristics of the product and the geographical environment referred to in Article 5(1); or (ii) where appropriate, the link between a given quality, the reputation or other characteristic of the product and the geographical origin referred to in Article 5(2); (g) the name and address of the authorities or, if available, the name and address of bodies verifying compliance with the provisions of the product specification pursuant to Article 37 and their specific tasks; (h) any specific labelling rule for the product in question. 2. In order to ensure that product specifications provide relevant and succinct information, the Commission shall be empowered to adopt delegated acts, in accordance with Article 56, laying down rules which limit the information contained in the specification referred to in paragraph 1 of this Article, where such a limitation is necessary to avoid excessively voluminous applications for registration. The Commission may adopt implementing acts laying down rules on the form of the specification. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).’
28

In those circumstances, the vredegerecht te Antwerpen (Magistrates’ Court, Antwerp) decided to stay the proceedings and to refer the following questions, which are worded identically in each of the joined cases, to the Court for a preliminary ruling: ‘(1) Must Article 9(4) of [Regulation No 1371/2007], read in conjunction with Article 2(a) and Article 3 of Directive 93/13, be interpreted as meaning that a contractual legal relationship is always created between the transport company and the passenger, even when the latter makes use of the services provided by the transport company without purchasing a ticket? (2) If the answer to the previous question is in the negative, does the protection offered by the doctrine of unfair terms also extend to a passenger who makes use of public transport without having acquired a ticket and who, by that action, under the general terms and conditions of the transport company, which are considered to be generally binding on the basis of their regulatory nature or, alternatively, by virtue of their publication in an official State publication, is obliged to pay a surcharge in addition to the fare? (3) Does Article 6 of Directive 93/13 on unfair terms in consumer contracts, which provides that “Member States shall lay down that unfair terms used in a contract concluded with a consumer by a seller or supplier shall, as provided for under their national law, not be binding on the consumer and that the contract shall continue to bind the parties upon those terms if it is capable of continuing in existence without the unfair terms”, preclude a court in all cases from moderating the term deemed to be unfair or from applying ordinary law instead? (4) If the answer to the previous question is in the negative, what then are the circumstances in which a national court may proceed to moderate the term found to be unfair or to replace it by the ordinary law? (5) If the aforementioned questions cannot be answered in abstracto, the question then arises as to whether, if the national railway company, having apprehended a fare-dodger, imposes a civil penalty in the form of a surcharge, whether or not in addition to the fare, and the court were to find that the surcharge imposed is unfair within the meaning of Article 2(a), read in conjunction with Article 3, of Directive 93/13, Article 6 of that directive precludes the court from declaring the term void and applying ordinary liability law to compensate the national railway company for the damage suffered.’
22

The fifth, seventh and eighth recitals of First Directive 89/104 stated: ‘Whereas Member States also remain free to fix the provisions of procedure concerning the registration, the revocation and the invalidity of trade marks acquired by registration; whereas they can, for example, determine the form of trade mark registration and invalidity procedures, decide whether earlier rights should be invoked either in the registration procedure or in the invalidity procedure or in both and, if they allow earlier rights to be invoked in the registration procedure, have an opposition procedure or an ex officio examination procedure or both; whereas Member States remain free to determine the effects of revocation or invalidity of trade marks; … Whereas attainment of the objectives at which this approximation of laws is aiming requires that the conditions for obtaining and continuing to hold a registered trade mark are, in general, identical in all Member States; whereas, to this end, it is necessary to list examples of signs which may constitute a trade mark, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings; whereas the grounds for refusal or invalidity concerning the trade mark itself, for example, the absence of any distinctive character, or concerning conflicts between the trade mark and earlier rights, are to be listed in an exhaustive manner, even if some of these grounds are listed as an option for the Member States which will therefore be able to maintain or introduce those grounds in their legislation; whereas Member States will be able to maintain or introduce into their legislation grounds of refusal or invalidity linked to conditions for obtaining and continuing to hold a trade mark for which there is no provision of approximation, concerning, for example, the eligibility for the grant of a trade mark, the renewal of the trade mark or rules on fees, or related to the non-compliance with procedural rules; Whereas in order to reduce the total number of trade marks registered and protected in the Community and, consequently, the number of conflicts which arise between them, it is essential to require that registered trade marks must actually be used or, if not used, be subject to revocation; whereas it is necessary to provide that a trade mark cannot be invalidated on the basis of the existence of a non-used earlier trade mark, while the Member States remain free to apply the same principle in respect of the registration of a trade mark or to provide that a trade mark may not be successfully invoked in infringement proceedings if it is established as a result of a plea that the trade mark could be revoked; whereas in all these cases it is up to the Member States to establish the applicable rules of procedure’.
86

By the third part of the fourth ground of appeal, the appellant submits that the recognition by the General Court of the Commission’s power to rule on a measure which had been the subject of a decision of a national court having the force of res judicata also infringes the principle of the protection of legitimate expectations in so far as, in the present case, more than five years elapsed between the time when that national decision was adopted and the time when the Commission adopted its decision. Such a period has already been taken into account in the case-law of the Court of Justice for the purposes of assessing a situation in the light of that principle. In paragraph 192 of the judgment under appeal, the General Court held, on the basis of the judgment of 13 June 2013, HGA and Others v Commission (C‑630/11 P to C‑633/11 P, EU:C:2013:387, paragraph 134), that legitimate expectations may be relied upon only if the obligation to notify has been complied with. The General Court failed to have regard to the fact that, in the present case, that notification was not necessary since, contrary to what the General Court held, the measure at issue does not constitute new aid. Furthermore, a link may be established between the principle of res judicata and the principle of legal certainty, which constitutes a limit on the obligation to recover, as is apparent from Article 14 of Regulation No 659/1999. Furthermore, the appellant could, in its view, base a legitimate expectation on the fact that the Consiglio di Stato (Council of State) had not considered it necessary to refer a question to the Court of Justice for a preliminary ruling with regard to the measure at issue. In those circumstances, the appellant takes the view that it was entitled to rely on the legality of that measure, since all legal remedies had been exhausted.
27

In those circumstances the Tribunal Superior de Justicia de Castilla-La Mancha (High Court of Justice, Castilla-La Mancha) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling: ‘(1) In the light of the requirement laid down in Article 68 of the Civil Code for spouses to live together, is the requirement that a Spanish citizen who has not exercised his or her right of free movement must satisfy the conditions laid down in Article 7(1) of Royal Decree 240/2007, as a necessary condition for the grant of a right of residence to his or her third-country spouse under Article 7(2) of that Royal Decree, liable, in the event that those conditions are not satisfied, to constitute an infringement of Article 20 [TFEU] if, as a result of the refusal to grant that right, the Spanish citizen is compelled to leave the territory of the European Union as a whole? (2) In any event, notwithstanding the foregoing and the answer given to the first question, in the light of the case-law of the Court of Justice of the European Union, including, in particular, the [judgment of 8 May 2018, K.A. and Others(Family reunification in Belgium) (C‑82/16, EU:C:2018:308)], does the practice of the Spanish State of automatically applying the rule laid down in Article 7 of Royal Decree 240/2007, and refusing to grant a residence permit to a family member of a Union citizen where that Union citizen has never exercised the freedom of movement, solely and exclusively on the ground that the Union citizen does not satisfy the conditions laid down in that provision, without having examined specifically and individually whether there exists a relationship of dependency between that Union citizen and the third-country national of such a nature that, for any reason and in the light of the circumstances, it would mean that were the third-country national refused a right of residence, the Union citizen could not be separated from the family member on which he or she is dependent and would have to leave the territory of the European Union, infringe Article 20 TFEU in the terms set out above?’
16

The operative part of the decision at issue is worded as follows: ‘Article 1 Decision [2014/883] is withdrawn. Article 2 1. The capital injections in favour of [PLGK] between 28 August 2007 and 17 June 2013 constitute State aid which has been unlawfully put into effect by [the Republic of] Poland in breach of Article 108(3) [TFEU] and which is incompatible with the internal market, except in so far as these capital injections were spent on investments necessary to carry out the activities that according to [the opening] decision must be considered as falling within the public policy remit. 2. The capital injections which [the Republic of] Poland is planning to implement in favour of [PLGK] after 17 June 2013 for the conversion of the Gdynia-Kosakowo military airfield into a civil aviation airport constitute State aid which is incompatible with the internal market. The State aid may accordingly not be implemented. Article 3 1. [The Republic of] Poland shall recover the aid referred to in Article 2(1) from the beneficiary. Article 4 1. Recovery of the aid referred to in Article 2(1) and the interest referred to in Article 3(2) shall be immediate and effective. 2. [The Republic of] Poland shall ensure that this Decision is implemented within four months following the date of notification of this Decision. Article 5 1. Within two months following notification of this Decision, [the Republic of] Poland shall submit the following information to the Commission: (a) the total amount (principal and recovery interest) to be recovered from the beneficiary; (b) a detailed description of the measures already taken and planned to comply with this Decision; (c) documents demonstrating that the beneficiary has been ordered to repay the aid. 2. [The Republic of] Poland shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Article 2(1) and the interest referred to in Article 3(2) has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiary. …’
7

Article 35 of Directive 78/660 provides: ‘1. (a) Fixed assets must be valued at purchase price or production cost, without prejudice to (b) and (c) below. (b) The purchase price or production cost of fixed assets with limited useful economic lives must be reduced by value adjustments calculated to write off the value of such assets systematically over their useful economic lives. (c) (aa) Value adjustments may be made in respect of financial fixed assets, so that they are valued at the lower figure to be attributed to them at the balance sheet date. (bb) Value adjustments must be made in respect of fixed assets, whether their useful economic lives are limited or not, so that they are valued at the lower figure to be attributed to them at the balance sheet date if it is expected that the reduction in their value will be permanent. (cc) The value adjustments referred to in (aa) and (bb) must be charged to the profit and loss account and disclosed separately in the notes on the accounts if they have not been shown separately in the profit and loss account. (dd) Valuation at the lower of the values provided for in (aa) and (bb) may not be continued if the reasons for which the value adjustments were made have ceased to apply. (d) If fixed assets are the subject of exceptional value adjustments for taxation purposes alone, the amount of the adjustments and the reasons for making them shall be indicated in the notes on the accounts. 2. The purchase price shall be calculated by adding to the price paid the expenses incidental thereto. 3. (a) The production cost shall be calculated by adding to the purchasing price of the raw materials and consumables the costs directly attributable to the product in question. (b) A reasonable proportion of the costs which are only indirectly attributable to the product in question may be added into the production costs to the extent that they relate to the period of production. 4. Interest on capital borrowed to finance the production of fixed assets may be included in the production costs to the extent that it relates to the period of production. In that event, the inclusion of such interest under “Assets” must be disclosed in the notes on the accounts.’
12

The AVBGasV was repealed by the Gasgrundversorgungsverordnung (Regulation on the basic supply of gas) of 26 October 2006 (BGBl. 2006 I, p. 2396), as amended by the Law of 29 August 2016 (BGBl. 2016 I, p. 2034). Paragraph 5(2) and (3) of the Regulation on the basic supply of gas provides: ‘(2) Adjustments to the standard prices or additional terms and conditions shall come into effect at the beginning of the relevant month, but only after publication thereof, which must take place at least six weeks before the planned adjustment. The basic supplier is required, at the same time as publishing the planned adjustments, to send written notification of those adjustments to the customer and to publish them on its website; in so doing the basic supplier must specify the extent of and reasons and preconditions for the adjustment and provide, in clear terms, a reference to the customer’s rights under subparagraph 3 and the information referred to in point 7 of the first sentence of Paragraph 2(3). (3) In the event of any adjustment to the standard prices or additional terms and conditions the customer shall have the right to terminate the contract, without observing a notice period, upon the entry into effect of those adjustments …’
9

The code de la santé publique, tel que modifié par la loi no 2002-1577 du 30 décembre 2002 relative à la responsabilité civile médicale (the Public Health Code, as amended by the Law No 2002-1577 of 30 December 2002 on medical civil liability) (JORF of 31 December 2002), contains provisions relating to compensation for the consequences of health risks incurred by individuals through the operation of the health system. In that regard, Article L. 1142-2 of that code provides: ‘Health professionals in private practice, health establishments, health services and bodies referred to in Article L. 1142-1 and all other legal entities, other than the State, carrying out preventive, diagnostic or healthcare activities, as well as the producers, operators and suppliers of healthcare products, in their finished state, referred to in Article L. 5311-1 with the exception of point 5°, subject to the provisions of Article L. 1222-9 and of points 11°, 14° and 15°, used in those activities, shall be obliged to hold insurance intended to cover them for their third-party or administrative liability which may be incurred as a result of harm suffered by third parties arising from personal injury occurring in the context of that activity. … The insurance contracts taken out in accordance with the first paragraph may provide that their cover is capped. The conditions governing how the amount of cover may be capped for health professionals in private practice shall be fixed by Decree adopted in the Conseil d’État [(Council of State)]. The insurance of establishments, services and bodies mentioned in the first paragraph shall cover their employees while performing the tasks conferred on them, even if those employees have autonomy in the practice of medicine. … In the event of failure to comply with the insurance obligation laid down in the present article, the competent disciplinary body may order disciplinary sanctions.’
11

Article 6(4) of that regulation provides: ‘In relation to the tasks defined in Article 4 except for points (a) and (c) of paragraph 1 thereof, the ECB shall have the responsibilities set out in paragraph 5 of this Article and the national competent authorities shall have the responsibilities set out in paragraph 6 of this Article, within the framework and subject to the procedures referred to in paragraph 7 of this Article, for the supervision of the following credit institutions, financial holding companies or mixed financial holding companies, or branches, which are established in participating Member States, of credit institutions established in non-participating Member States: – those that are less significant on a consolidated basis, at the highest level of consolidation within the participating Member States, or individually in the specific case of branches, which are established in participating Member States, of credit institutions established in non-participating Member States. The significance shall be assessed based on the following criteria: (i) size; (ii) importance for the economy of the Union or any participating Member State; (iii) significance of cross-border activities. With respect to the first subparagraph above, a credit institution or financial holding company or mixed financial holding company shall not be considered less significant, unless justified by particular circumstances to be specified in the methodology, if any of the following conditions is met: (i) the total value of its assets exceeds EUR 30 billion; (ii) the ratio of its total assets over the [gross domestic product (GDP)] of the participating Member State of establishment exceeds 20%, unless the total value of its assets is below EUR 5 billion; (iii) following a notification by its national competent authority that it considers such an institution of significant relevance with regard to the domestic economy, the ECB takes a decision confirming such significance following a comprehensive assessment by the ECB, including a balance-sheet assessment, of that credit institution. The ECB may also, on its own initiative, consider an institution to be of significant relevance where it has established banking subsidiaries in more than one participating Member State and its cross-border assets or liabilities represent a significant part of its total assets or liabilities subject to the conditions laid down in the methodology. Those for which public financial assistance has been requested or received directly from the [European Financial Stability Facility (EFSF)] or the [European Stability Mechanism (ESM)] shall not be considered less significant. Notwithstanding the previous subparagraphs, the ECB shall carry out the tasks conferred on it by this Regulation in respect of the three most significant credit institutions in each of the participating Member States, unless justified by particular circumstances.’
12

Under Article 13 of that regulation, entitled ‘Duration of the [SPC]’: ‘1. The [SPC] shall take effect at the end of the lawful term of the basic patent for a period equal to the period which elapsed between the date on which the application for a basic patent was lodged and the date of the first authorisation to place the product on the market in the Community, reduced by a period of five years. 2. Notwithstanding paragraph 1, the duration of the [SPC] may not exceed five years from the date on which it takes effect. 3. The periods laid down in paragraphs 1 and 2 shall be extended by six months in the case where Article 36 of Regulation (EC) No 1901/2006 [of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (OJ 2006 L 378, p. 1)] applies. In that case, the duration of the period laid down in paragraph 1 of this Article may be extended only once. 4. Where [an SPC] is granted for a product protected by a patent which, before 2 January 1993, had its term extended or for which such extension was applied for, under national law, the term of protection to be afforded under this [SPC] shall be reduced by the number of years by which the term of the patent exceeds 20 years.’