ddrg/super_eurlex huggingface dataset:
5

Recitals 9, 14, 16, 17, 19 and 25 in the preamble to Regulation No 6/2002 state: ‘(9) The substantive provisions of this Regulation on design law should be aligned with the respective provisions in Directive 98/71/EC. … (14) The assessment as to whether a design has individual character should be based on whether the overall impression produced on an informed user viewing the design clearly differs from that produced on him by the existing design corpus, taking into consideration the nature of the product to which the design is applied or in which it is incorporated, and in particular the industrial sector to which it belongs and the degree of freedom of the designer in developing the design. … (16) Some of those sectors produce large numbers of designs for products frequently having a short market life where protection without the burden of registration formalities is an advantage and the duration of protection is of lesser significance. On the other hand, there are sectors of industry which value the advantages of registration for the greater legal certainty it provides and which require the possibility of a longer term of protection corresponding to the foreseeable market life of their products. (17) This calls for two forms of protection, one being a short-term unregistered design and the other being a longer term registered design. … (19) A Community design should not be upheld unless the design is new and unless it also possesses an individual character in comparison with other designs. … (25) Those sectors of industry producing large numbers of possibly short-lived designs over short periods of time of which only some may be eventually commercialised will find advantage in the unregistered Community design. Furthermore, there is also a need for these sectors to have easier recourse to the registered Community design. Therefore, the option of combining a number of designs in one multiple application would satisfy that need. However, the designs contained in a multiple application may be dealt with independently of each other for the purposes of enforcement of rights, licensing, rights in rem, levy of execution, insolvency proceedings, surrender, renewal, assignment, deferred publication or declaration of invalidity.’
6

Article 18 of Commission Regulation (EC) No 1386/2002 of 29 July 2002 laying down detailed rules for the implementation of Council Regulation (EC) No 1164/94 as regards the management and control systems for assistance granted from the Cohesion Fund and the procedure for making financial corrections (OJ 2002 L 201, p. 5) is worded as follows: ‘1. The period of time within which the Member State concerned may respond to a request under the first subparagraph of Article H(1) of Annex II to Regulation (EC) No 1164/94 to submit its comments shall be two months, except in duly justified cases where a longer period may be agreed by the Commission. 2. Where the Commission proposes financial corrections on the basis of extrapolation or at a flat rate, the Member State shall be given the opportunity to demonstrate, through an examination of the files concerned, that the actual extent of irregularity was less than the Commission’s assessment. In agreement with the Commission, the Member State may limit the scope of this examination to an appropriate proportion or sample of the files concerned. Except in duly justified cases, the time allowed for this examination shall not exceed a further period of two months after the two-month period referred to in paragraph 1. The results of such examination shall be examined in the manner specified in the second subparagraph of Article H(1) of Annex II to Regulation (EC) No 1164/94. The Commission shall take account of any evidence supplied by the Member State within the time-limits. 3. Whenever the Member State objects to the observations made by the Commission and a hearing takes place under the second subparagraph of Article H(1) of Annex II to Regulation (EC) No 1164/94, the three-month period within which the Commission may take a decision under Article H(2) of Annex II to that Regulation shall begin to run from the date of the hearing.’
7

The Italian Republic transposed Directive 98/5 into national law by means of Legislative Decree No 96 of 2 February 2001 (ordinary supplement to GURI No 79 of 4 April 2001; ‘Legislative Decree No 96/2001’). Article 6 of that decree, headed ‘Registration’, states: ‘1. For the purposes of the practice in Italy of the profession of lawyer on a permanent basis, the nationals of Member States who are holders of one of the titles referred to in Article 2 shall be obliged to register in a special section of the register constituted in the district of the court or tribunal in which they have established, permanently, their professional residence or domicile, with due regard to the legislation relating to social security obligations. 2. Registration in the special section of the register is subject to the condition that the applicant is registered with the competent professional body in the home Member State. 3. The application for registration must be accompanied by the following documents: (a) certificate of nationality of a European Union Member State or a declaration in place of a certificate; (b) certificate of residence or declaration in place of a certificate, or applicant’s declaration containing an indication of professional domicile; (c) a certificate attesting to registration with the professional body of the home Member State, issued not more than three months before the date of submission, or declaration in place of certificate. … 6. In the 30 days following the date of submission of the application or any additions thereto, the Bar Council, after determining that the necessary conditions are satisfied and provided that there is no disqualifying factor to preclude it, shall order registration in the special section of the register and shall notify the corresponding authority in home Member State of that registration. 7. The application may not be rejected without the applicant first having being given the opportunity to be heard. Reasons for the decision must be stated and, within a period of 15 days, must be communicated in their entirety to the applicant and to the Procurator of the Republic … 8. If the Bar Council has not issued its decision on the application within the period prescribed in paragraph 6, the person concerned may, within the period of ten days following the expiry of that period, bring an action before the Consiglio Nazionale Forense [National Bar Council] which shall rule on the substance of the application. 9. By means of registration in the special section of the register, the established lawyer shall have voting rights, but shall have no right to stand for elected office. …’
3

Recitals 6, 7, 14, 15 and 24 in the preamble to Directive 2004/114 state: ‘(6) One of the objectives of Community action in the field of education is to promote Europe as a whole as a world centre of excellence for studies and vocational training. Promoting the mobility of third-country nationals to the Community for the purpose of studies is a key factor in that strategy. The approximation of the Member States’ national legislation on conditions of entry and residence is part of this. (7) Migration for the purposes set out in this Directive, which is by definition temporary and does not depend on the labour-market situation in the host country, constitutes a form of mutual enrichment for the migrants concerned, their country of origin and the host Member State and helps to promote better familiarity among cultures. ... (14) Admission for the purposes set out in this Directive may be refused on duly justified grounds. In particular, admission could be refused if a Member State considers, based on an assessment of the facts, that the third-country national concerned is a potential threat to public policy or public security. The notion of public order may cover a conviction for committing a serious crime. In this context it has to be noted that the notions of public policy and public security also cover cases in which a third-country national belongs or has belonged to an association which supports terrorism, supports or has supported such an association, or has or has had extremist aspirations. (15) In case of doubts concerning the grounds of the application of admission, Member States should be able to require all the evidence necessary to assess its coherence, in particular on the basis of the applicant’s proposed studies, in order to fight against abuse and misuse of the procedure set out in this Directive. ... (24) Since the objective of this Directive, namely to determine the conditions of admission of third-country nationals for the purposes of study, pupil exchange, unremunerated training or voluntary service, cannot be sufficiently achieved by the Member States and can, by reason of its scale or effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.’
4

Article 6 of the Authorisation Directive, entitled ‘Conditions attached to the general authorisation and to the rights of use for radio frequencies and for numbers, and specific obligations’, provides: ‘1. The general authorisation for the provision of electronic communications networks or services and the rights of use for radio frequencies and rights of use for numbers may be subject only to the conditions listed respectively in parts A, B and C of the Annex. Such conditions shall be objectively justified in relation to the network or service concerned, non-discriminatory, proportionate and transparent. 2. Specific obligations which may be imposed on providers of electronic communications networks and services … or on those designated to provide universal service … shall be legally separate from the rights and obligations under the general authorisation. In order to achieve transparency for undertakings, the criteria and procedures for imposing such specific obligations on individual undertakings shall be referred to in the general authorisation. 3. The general authorisation shall only contain conditions which are specific for that sector and are set out in Part A of the Annex and shall not duplicate conditions which are applicable to undertakings by virtue of other national legislation. 4. Member States shall not duplicate the conditions of the general authorisation where they grant the right of use for radio frequencies or numbers.’
12

Article 4 of Regulation No 1122/2009, entitled ‘Maintenance of land under permanent pasture at individual level’, provides: ‘1. Where it is established that the ratio referred to in Article 3(1) of this Regulation is decreasing the Member State concerned shall, at national or regional level, provide for the obligation of farmers applying for aid under any of the direct payment schemes listed in Annex I to Regulation … No 73/2009 not to convert land under permanent pasture without prior authorisation. If the authorisation referred to in the first subparagraph is subject to the condition that an area of land shall be established as permanent pasture, such land shall, as of the first day of conversion, be considered as permanent pasture by way of derogation from the definition laid down in Article 2(2). Those areas shall be used to grow grasses or other herbaceous forage for the five consecutive years following the date of conversion. 2. Where it is established that the obligation referred to in Article 3(2) of this Regulation cannot be ensured, the Member State concerned shall, further to the measures to be taken in accordance with paragraph 1 of this Article, provide, at national or regional level, for the obligation of farmers applying for aid under any of the direct payment schemes listed in Annex I to Regulation … No 73/2009 to re-convert land into land under permanent pasture for those farmers who have land at their disposal which was converted from land under permanent pasture into land for other uses. …’
14

Article 5(2)(c) of that regulation provided more exactly that the Commission: ‘(c) shall decide on the expenditure to be excluded from the [European Union] financing referred to in Articles 2 and 3 where it finds that expenditure has not been effected in compliance with [EU law] rules. Before a decision to refuse financing is taken, the results of the Commission’s checks and the replies of the Member State concerned shall be notified in writing, after which the two parties shall endeavour to reach agreement on the action to be taken. If no agreement is reached, the Member State may ask for a procedure to be initiated with a view to mediating between the respective positions within a period of four months, the results of which shall be set out in a report sent to and examined by the Commission, before a decision to refuse financing is taken. The Commission shall evaluate the amounts to be excluded having regard in particular to the degree of non–compliance found. The Commission shall take into account the nature and gravity of the infringement and the financial loss suffered by the [European Union]. A refusal to finance may not involve expenditure effected prior to twenty–four months preceding the Commission’s written communication of the results of those checks to the Member State concerned. However, this provision shall not apply to the financial consequences: — of irregularities as referred to in Article 8(2); — concerning national aids, or infringements, for which the procedures referred to in Articles 93 and 169 of the [EC] Treaty have been initiated.’
9

Article 12(1) and (2) of OUG No 9/2013 states: ‘1. Where the special tax for passenger cars and motor vehicles, the [pollution tax] or the tax on pollutant emissions from motor vehicles which has been paid is greater than the stamp duty resulting from the application of the present provisions on environmental stamp duty, calculated in [Romanian lei (RON)] at the exchange rate applicable at the time of registration or registered transfer of ownership of a second-hand motor vehicle, a sum equal to the difference may be repaid only to the person who was liable to pay the tax in accordance with the procedure laid down in the implementing regulations for the present emergency order. The calculation of the difference to be repaid shall be made on the basis of the calculation formula laid down in the present emergency order using information relating to the date of registration or registered transfer of ownership of the second-hand vehicle. 2. The sum equal to the difference between, on the one hand, the amount paid by the taxpayer by way of special tax for passenger cars and motor vehicles, [pollution tax] or tax on pollutant emissions from motor vehicles and, on the other, the amount resulting from imposition of the stamp duty shall be repaid within the period provided for under the re-published Government Order [No 92 on the Tax Procedure Code (Ordonanţa Guvernului nr. 92 privind Codul de procedură fiscală) of 24 December 2003 (Monitorul Oficial al României, Part I, No 941 of 29 December 2003)], as subsequently amended and supplemented, in accordance with the procedure laid down in the implementing regulations for the present emergency order.’
1.

Articles 138(1) and 139(1), second subparagraph, of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, as amended by Council Directive 2010/88/EU of 7 December 2010, must be interpreted as precluding, in circumstances such as those in the main proceedings, the tax authorities of a Member State from refusing to grant an exemption from value added tax in respect of an intra-Community supply of goods on the ground that the purchaser was not registered for value added tax purposes in another Member State and the supplier has proven neither the authenticity of the signature on the documents submitted in support of its declaration in respect of a supply it claims to be exempt from value added tax nor that the person who signed those documents on behalf of the purchaser had the authority to represent the purchaser, where the evidence establishing entitlement to the exemption submitted by the supplier in support of its declaration is consistent with the list of documents to be submitted to those authorities under national law and has been accepted by them, initially, as supporting evidence, which is a matter for the referring court to verify.
3

Article 4 of the Rome Convention, headed ‘Applicable law in the absence of choice’, provides: ‘1. To the extent that the law applicable to the contract has not been chosen in accordance with Article 3, the contract shall be governed by the law of the country with which it is most closely connected. Nevertheless, a separable part of the contract which has a closer connection with another country may by way of exception be governed by the law of that other country. 2. Subject to the provisions of paragraph 5 of this Article, it shall be presumed that the contract is most closely connected with the country where the party who is to effect the performance which is characteristic of the contract has, at the time of conclusion of the contract, his habitual residence, or, in the case of a body corporate or unincorporate, its central administration. However, if the contract is entered into in the course of that party’s trade or profession, that country shall be the country in which the principal place of business is situated or, where under the terms of the contract the performance is to be effected through a place of business other than the principal place of business, the country in which that other place of business is situated. … 4. A contract for the carriage of goods shall not be subject to the presumption in paragraph 2. In such a contract if the country in which, at the time the contract is concluded, the carrier has his principal place of business is also the country in which the place of loading or the place of discharge or the principal place of business of the consignor is situated, it shall be presumed that the contract is most closely connected with that country. In applying this paragraph single voyage charter-parties and other contracts the main purpose of which is the carriage of goods shall be treated as contracts for the carriage of goods. 5. Paragraph 2 shall not apply if the characteristic performance cannot be determined, and the presumptions in paragraphs 2, 3 and 4 shall be disregarded if it appears from the circumstances as a whole that the contract is more closely connected with another country.’
50

Secondly, recital 5 in the preamble to Regulation No 2201/2003 states that, in order to ensure equal treatment for all children, the regulation covers all decisions on parental responsibility, including measures for the protection of the child, independently of any link with matrimonial proceedings. Excluding any possibility of prorogation of jurisdiction in matters of parental responsibility for the sole reason that those proceedings cannot be related to other proceedings already pending would interfere with the full achievement of that objective. That would be the case, in particular, if, as the referring court suggests, the expression ‘proceedings other than those referred to in paragraph 1’ within the meaning of Article 12(3) of the regulation were understood as referring to applications for divorce, legal separation or marriage annulment for which the jurisdiction of the courts of a Member State is established not under Article 3 of that regulation but under another rule of jurisdiction laid down by the regulation. Such an interpretation would exclude any possibility of prorogation of jurisdiction pursuant to Article 12(3) for questions of parental responsibility concerning the children of parents who were never married or are already divorced or separated or have had their marriage annulled, which would be contrary to the objective of equal treatment for all children.
8

Article 6 of the same directive, headed ‘Return decision’ provides: ‘1. Member States shall issue a return decision to any third-country national staying illegally on their territory, without prejudice to the exceptions referred to in paragraphs 2 to 5. 2. Third-country nationals staying illegally on the territory of a Member State and holding a valid residence permit or other authorisation offering a right to stay issued by another Member State shall be required to go to the territory of that other Member State immediately. In the event of non-compliance by the third-country national concerned with this requirement, or where the third-country national’s immediate departure is required for reasons of public policy or national security, paragraph 1 shall apply. 3. Member States may refrain from issuing a return decision to a third-country national staying illegally on their territory if the third-country national concerned is taken back by another Member State under bilateral agreements or arrangements existing on the date of entry into force of this Directive. In such a case the Member State which has taken back the third-country national concerned shall apply paragraph 1. 4. Member States may at any moment decide to grant an autonomous residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other reasons to a third-country national staying illegally on their territory. In that event no return decision shall be issued. Where a return decision has already been issued, it shall be withdrawn or suspended for the duration of validity of the residence permit or other authorisation offering a right to stay. 5. If a third-country national staying illegally on the territory of a Member State is the subject of a pending procedure for renewing his or her residence permit or other authorisation offering a right to stay, that Member State shall consider refraining from issuing a return decision, until the pending procedure is finished, without prejudice to paragraph 6. 6. This Directive shall not prevent Member States from adopting a decision on the ending of a legal stay together with a return decision and/or a decision on a removal and/or entry ban in a single administrative or judicial decision or act as provided for in their national legislation, without prejudice to the procedural safeguards available under Chapter III and under other relevant provisions of Community and national law.’
20

In those circumstances, the Oberster Patent- und Markensenat decided to stay proceedings and to refer to the Court the following questions for a preliminary ruling: ‘1. Under Article 1(b) and Article 3(a) and (b) of [Regulation No 469/2009], provided that the other conditions are met, may [an SPC] be granted for an active ingredient protected by a basic patent (in this case, Protein D) where that active ingredient is present in a medicinal product (in this case, Synflorix) as part of a covalent (molecular) bond with other active ingredients but none the less retains an effect of its own? 2. If Question 1 is answered in the affirmative: (a) Under Article 3(a) and (b) of [Regulation No 469/2009], may [an SPC] be granted for the substance protected by the basic patent (in this case, Protein D) where that substance has a therapeutic effect of its own (in this case, as a vaccine against the Haemophilus influenzae bacterium) but the marketing authorisation for the medicinal product does not relate to that effect? (b) Under Article 3(a) and (b) of [Regulation No 469/2009], may [an SPC] be granted for the substance protected by the basic patent (in this case, Protein D) where the marketing authorisation describes that substance as a ‘carrier’ for the actual active ingredients (in this case, pneumococcal polysaccharides), where the substance, as an adjuvant, enhances the effect of those substances, but where that effect is not expressly mentioned in the marketing authorisation for the medicinal product?’