ddrg/super_eurlex huggingface dataset:
((Social Security – Pensioners (and members of their families) residing in a Member State other than the one which is responsible for paying the pension – Medical expenses incurred in the State responsible for paying the pension – Who must bear the cost – Competent institution and competent Member State – Articles 22 and 28 of Regulation No 1408/71))
((Public contracts – Directive 89/665/EEC – Power of the body responsible for review procedures to examine all infringements of the law of its own motion – Directive 93/36/EEC – Selection or award criterion))
((Regulation (EC) No 258/97 – Novel foods and novel food ingredients – Placing on the market – Simplified procedure – Substantial equivalence – Foodstuffs produced from genetically modified maize – Residues of transgenic protein – Provisional prohibition on the marketing and use of a novel food by a Member State))
((Free movement – Freedom of establishment – Company incorporated under the laws of one Member State and having its registered office there – Company establishing a branch in another Member State in order to carry on its activities entirely or almost entirely in that Member State – Form of registration in the commercial register – Justification))
((Common commercial policy – Triangular outward processing – Export declaration – Temporary export goods – Error in indication of the tariff heading – Compensating products – Release for free circulation – Calculation of the rate of import duty))
((Common organisation of the markets in the sugar sector – Reallocation or transfer of quotas – Interpretation of Council Regulation (EEC) No 1785/81, Council Regulation (EEC) No 193/82 and Council Regulation (EC) No 1260/2001 – Decision by the competent authorities of a Member State, when approving a merger of sugar undertakings, to reallocate sugar production quotas – Sale by public auction – Transfer of quotas for consideration))
((Taxation – Directive 90/435 – Parent companies and subsidiaries of different Member States – Common system of taxation – Distribution of dividends – Anglo-Dutch Convention for the avoidance of double taxation – Tax credit – Withholding tax of 5% in value of dividends and tax credit – Compatibility with the directive))
((Failure by a Member State to fulfil obligations – Telecommunications – Directives 90/388/EEC and 96/19/EC – Voice telephony – Competition – Tariff rebalancing))
(Public works contracts – Review procedures relating to the award of public works contracts – Consequences of the annulment of the decision of the contracting authority)
(Appeal – Action for damages – Non-contractual liability – Conditions – Milk quotas – Regulation (EEC) No 857/84 – Reference quantity – Producers who entered into a non-marketing undertaking – Protection of legitimate expectations – Unlawfulness – Causal link)
(Justice and home affairs – Visa policy – Border checks and surveillance – Implementing powers reserved by the Council of the European Union – Article 202 EC – Article 1 of Council Decision 1999/468/EC – Specific and substantiated cases – Meaning)
(Fisheries – Regulation (EC) No 1162/2001 – Recovery of the stock of hake – Control of activities of fishing vessels – Legal basis – Principle of non-discrimination – Duty to reasons)
((Social policy – Article 141 EC – Directives 75/117/EEC, 76/207/EEC and 97/81/EC – Part-time working with a view to retirement – Discrimination between part-time and full-time workers – Indirect discrimination between workers on grounds of sex))
((Freedom to provide services – Lawyer established in one Member State acting in conjunction with a lawyer established in another Member State – Legal costs to be reimbursed by the unsuccessful party in a dispute to the successful party – Limitation))
((Interpretation of Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products – Citrus fruit originating in the part of Cyprus to the north of the United Nations Buffer Zone which is transported to the Republic of Turkey for import into a Community country – Origin mark – Place where that requirement may be satisfied))
(Agriculture – Common organisation of the market in dried fodder – Council Regulation (EC) No 603/95 and Commission Regulation (EC) No 785/95 – Admissibility of national conditions with respect to green or fresh fodder for processing)
((Carriage of goods by road – Toll – Brenner motorway – Prohibition of discrimination – Discrimination on grounds of nationality or of the origin or destination of the vehicle))
(Free movement of persons – Compensation for ex-prisoners of war – Nationality condition – Prohibition of discrimination on grounds of nationality)
B – The fundamental freedom to pursue a trade or profession (first plea in law in Case C-184/02 and third plea in law in Case C-223/02) and the principle of proportionality (second plea in law in Case C-223/02)
(Articles 43 and 48 EC – Conditions for the registration of sea-going vessels in the Netherlands – Condition concerning the nationality of the shareholders and directors of companies owning sea-going vessels – Condition concerning the nationality of the natural persons responsible for the day-to-day management of the establishment in the Netherlands of a company owning sea-going vessels – Condition concerning the nationality and place of residence of the directors of companies owning sea-going vessels registered in the Netherlands)
(Directive 77/187/EEC – Safeguarding employees’ rights in the event of transfers of undertakings – Transfer of an activity carried on by a legal person governed by private law to a legal person governed by public law or to an administrative public service – Obligation in national law to alter the employment contract in accordance with the status of public employee – Reduction in the amount of remuneration)
(Sixth VAT Directive – Article 13B(b) – Exempt turnover – Leasing of immovable property – Exclusions – Letting of premises and sites for parking vehicles – Mooring berths for boats and land storage sites for housing boats during the winter)
(Free movement of goods – Measures having equivalent effect – Directive 70/524/EEC – Additives – Vitamin D in supplementary feedingstuffs for pigs)
5. The pleas concerning breach of the obligation to state reasons concerning determination of the amount of the fine
(Economic and monetary policy – Interpretation of Article 5 of Council Regulation (EC) No 1103/97 of 17 June 1997 on certain provisions relating to the introduction of the euro – Conversion of national monetary units to the euro unit – Continuity of telecommunications contracts – Monetary amounts to be rounded after conversion – Notion of ‘monetary amounts to be paid or accounted for’ – Per-minute price of telephone call)
(Failure to comply with a directive – Articles 8 and 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds – Toleration by the Spanish authorities of the capture, in the Valencia region, of four species of thrush (Turdus philomelos, Turdus pilaris, Turdus iliacus and Turdus viscivorus) by means of the ‘parany’ (using limed twigs))
(Excise duty – Directive 92/12/EEC – Article 3 – Products to which the Directive applies – Power of the Member States to introduce other indirect taxes – Local tax on the sale of alcoholic beverages for consumption on the premises)
(Trade marks – Directive 89/104/EEC – Lack of distinctive character – Acquisition of distinctive character by use)
(Interpretation of Article 73 in conjunction with Article 13 of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self‑employed persons and to members of their families moving within the Community with regard to a person employed in a Member State who takes leave in order to look after her young child, where the employment relationship is suspended during that period of leave, and who resides in another Member State with her spouse, an employed person in that State – Payment of children’s allowance (‘Betreuungsgeld’ in Austrian law or ‘Erziehungsgeld’ in German law)
(European Social Fund – Action for annulment – Reduction of financial assistance – Error in assessment of the facts – Proportionality – Legal certainty – Legitimate expectations)
14.

Decree-law No 270/2003 ( 9 ) of 28 October 2003 lays down the conditions governing the provision of rail transport services and the management of railway infrastructure. That Decree-law governs in particular the balancing of the accounts of the infrastructure manager in accordance with the provisions of Article 63 of that Decree-law. According to that article: ‘1. The accounts of the infrastructure manager must ensure a balance between: (a) income from infrastructure charges, surpluses from other commercial activities, and State funding, where appropriate in the form of advance payments, on the one hand, and (b) the costs of the public service of infrastructure management and maintenance, on the other hand. 2. Without prejudice to the possible long-term aim of progressive user cover of infrastructure costs for all modes of transport on the basis of fair, non-discriminatory competition between the various modes, the infrastructure manager is required to achieve the balance referred to in paragraph (1) without State funding, having due regard to the charging structure provided for in the present chapter, where rail transport is in a position to compete with other modes of transport, inter alia where there is an equivalent level of internalisation of environmental costs in other modes of transport. 3. For the purposes of achieving the balance referred to in paragraph (1) and in order to assess the possible need for compensation to be paid by the State to the public service of infrastructure management, it is appropriate to adopt a method for apportioning costs that shows, in a transparent way, that the only costs taken into account are those incurred in the management and maintenance conservation of infrastructure, and in making it available. … 7. For the purposes of paragraph 1(b) of the present article, financial and extraordinary costs are not regarded as costs of the public service of infrastructure management. 8. Extraordinary costs resulting from natural disasters must be compensated by the State.’
7.

Article 23(1) of Regulation No 1008/2008, entitled ‘Information and non-discrimination’, provides as follows: ‘Air fares and air rates available to the general public shall include the applicable conditions when offered or published in any form, including on the internet, for air services from an airport located in the territory of a Member State to which the Treaty applies. The final price to be paid shall at all times be indicated and shall include the applicable air fare or air rate as well as all applicable taxes, and charges, surcharges and fees which are unavoidable and foreseeable at the time of publication. In addition to the indication of the final price, at least the following shall be specified: (a) air fare or air rate; (b) taxes; (c) airport charges; and (d) other charges, surcharges or fees, such as those related to security or fuel; where the items listed under (b), (c) and (d) have been added to the air fare or air rate. Optional price supplements shall be communicated in a clear, transparent and unambiguous way at the start of any booking process and their acceptance by the customer shall be on an “opt-in” basis.’
36.

None the less, we must not lose sight of the fact that the Court of Appeal is very precise in its wording of the two questions which it puts to the Court of Justice. It is at all times careful to relate its doubts to the act of sending performed by Sportradar, asking, first, whether that act is to be classified as ‘extraction’ or ‘re-utilisation’ and, next, where that particular act is to be regarded as having taken place. As I see it, by avoiding any reference to the harm caused by that act, the referring court would like to leave outside the ambit of consideration by the Court of Justice any deliberation on the inferences that are to be drawn from the identification of the place where the ‘sending’ takes place. I shall therefore confine my comments to the question of the location of the actual act of ‘sending’, without extending my analysis to the question of any inferences that may be drawn from the answer to the first question, a matter which will have to be resolved by the referring court.
62.

In the light of all the foregoing, I propose that the answer to the first and second questions referred is that Articles 49 and 56 TFEU must be interpreted as meaning that national legislation, which grants the exclusive right to run, manage, organise and operate games of chance to a single undertaking which has the form of a public limited company and is listed on the stock exchange, may be justified to the extent that that legislation actually pursues the objective of restricting the supply of games of chance or the objective of combating criminality related to gambling by channelling players into controlled systems and that it genuinely reflects a concern to attain those objectives in a consistent and systematic manner. It is for the national court to determine which of those objectives is in fact pursued by the national legislation at issue and whether that legislation genuinely meets the concern to attain that objective in a consistent and systematic manner. More particularly, in so far as the national court holds that the relevant objective of the national legislation at issue is that of restricting the supply of games of chance in Greece, that court cannot conclude that that legislation genuinely reflects a concern to attain that objective in a consistent and systematic manner if it finds that the holder of the monopoly actually pursues an expansionist policy and that the exclusive right granted to it results in an increase in the supply of games of chance rather than in a reduction. By contrast, in so far as the national court identifies the combating of criminality related to gambling by channelling players into authorised and regulated circuits as being the sole objective pursued by the national legislation at issue, a policy of expansion by the holder of the monopoly, characterised, inter alia, by the expansion of the supply of games of chance and by the advertising of those games, can only be regarded as consistent to the extent that there is actually a problem of criminal and fraudulent activities on a significant scale linked to gambling in Greece, which could be dealt with by the expansion of authorised and regulated activities. Moreover, the expansion of the supply of games of chance and the advertising of those games must, firstly, remain measured and strictly limited to what is necessary in order to channel consumers towards controlled gaming networks and, secondly, the supply of games of chance by the holder of the monopoly must be subject to strict control by the public authorities.
39.

Furthermore, linking an infringement of the EIA Directive to claims for damages is consistent with the broad interpretation which has been placed on this directive in relation to its legal effects. For example, in connection with actions relating to defects of an environmental impact assessment the national courts must adopt, subject to the limits of procedural autonomy, the measures, provided for by their national law, that are appropriate for preventing such a project from being implemented in the absence of a necessary environmental assessment. ( 17 ) Also in a consent procedure which does not provide in principle for an environmental impact assessment, an assessment which was not carried out in the earlier procedure concerning the same overall project must be carried out subsequently. ( 18 ) The possibility of basing claims for damages on infringement of the EIA Directive would also strengthen the working of the directive. ( 19 ) The finding in the Wells judgment that a failure to carry out an environmental impact assessment gives rise to claims in respect of State liability ( 20 ) must be placed in this context.
5.

Article 58 of Regulation (EC) No 1122/2009 provides as follows: ‘If, in respect of a crop group, the area declared for the purposes of any area-related aid schemes, except those for starch potato and seed as provided for in Sections 2 and 5 of Chapter 1 of Title IV of Regulation (EC) No 73/2009, exceeds the area determined in accordance with Article 57 of this Regulation, the aid shall be calculated on the basis of the area determined reduced by twice the difference found if that difference is more than either 3% or two hectares, but no more than 20% of the area determined. If the difference is more than 20% of the area determined, no area-linked aid shall be granted for the crop group concerned. If the difference is more than 50%, the farmer shall be excluded once again from receiving aid up to an amount equal to the amount which corresponds to the difference between the area declared and the area determined in accordance with Article 57 of this Regulation. That amount shall be off-set in accordance with Article 5b of Commission Regulation (EC) No 885/2006. If the amount cannot be fully off-set in accordance with that article in the course of the three calendar years following the calendar year of the finding, the outstanding balance shall be cancelled.’
15.

The Administrativen sad Veliko Tarnovo (Administrative Court, Veliko Tarnovo), before which the dispute concerning the refusal of the right to deduct input tax has been brought, has now referred the following questions to the Court pursuant to Article 267 TFEU: ‘(1) In cases such as that in the main proceedings, in which VAT connected with a payment made in advance for a future clearly defined taxable supply of goods is immediately and effectively deducted, are the provisions of Article 168(a), in conjunction with Article 65, Article 90(1) and Article 185(1), of the VAT Directive to be consistently interpreted as meaning that, in light of a failure, for objective and/or subjective reasons, to render the principal counter-performance in accordance with the terms and conditions of supply, the right to deduct input tax at the date on which it is exercised must be refused? (2) Does it follow from such a consistent interpretation, having regard to the principle of the neutrality of VAT, that in this situation the supplier’s objective possibility of adjusting the VAT charged and/or the basis of assessment of the tax on the invoice in the manner provided for under national law is (or is not) significant; and how might such an adjustment affect the refusal to allow the original deduction of input tax? (3) In the light also of recital 44 in the preamble to the VAT Directive, is Article 205, in conjunction with Article 168(a) and Article 193, to be interpreted as meaning that the Member States are permitted to refuse to allow the recipient of a supply to deduct input tax by applying only such criteria as they themselves have laid down in their national legislation, according to which a liability to tax is imposed on a person other than the taxable person where, in such a case, the ultimate tax outcome would differ from the outcome if the rules established by the Member State had been strictly observed? (4) If the answer to the third question should be in the affirmative: are national legal provisions such as those in the main proceedings permissible in the context of the application of Article 205 of the VAT Directive and compatible with the principles of effectiveness and proportionality if they introduce joint and several liability for the payment of VAT by reference to suppositions that are not based on objective facts that can be directly established but on expressed precepts of civil law, disputes in respect of which are conclusively settled on other legal grounds?’
More detailed rules on the projects that must be made subject to an environmental impact assessment are laid down in Article 4(1) to (3) of, and Annexes I to III to, the EIA Directive:

‘(1) … projects listed in Annex I shall be made subject to an assessment in accordance with Articles 5 to 10.

(2) Subject to Article 2(3), for projects listed in Annex II, Member States shall determine through:

(a) a case-by-case examination; or

(b) thresholds or criteria set by the Member State

whether the project shall be made subject to an assessment in accordance with Articles 5 to 10.

Member States may decide to apply both procedures referred to in points (a) and (b).

(3) When a case-by-case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2, the relevant selection criteria set out in Annex III shall be taken into account.’
92.

In the light of all the foregoing considerations, I propose that the Court should answer the two questions referred for a preliminary ruling by the Fővárosi Tövényszék as follows: Articles 6 and 7 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as not precluding in principle national legislation, such as that at issue in the main proceedings, which permits a notary who has drawn up in due form an authentic instrument relating to a contract concluded between a seller or supplier and a consumer to initiate enforcement of that contract against a consumer who has failed to fulfil his obligations, either by affixing an enforcement clause to that instrument or by refusing to cancel such clause, without any assessment having been made at either of those stages as to whether that contract contains unfair terms. However, when drawing up such an authentic instrument, it is incumbent upon the notary to inform the consumer of any unfair contract terms identified by the notary, of the power conferred on him by law to initiate enforcement of the contract solely on the basis of a review of the formal requirements, and of the consequences arising therefrom, in particular from the procedural point of view. By contrast, that directive precludes national legislation which prevents a national court, whatever the nature of the proceedings in which an action has been brought before it, from examining of its own motion, in compliance with the principle of audi alteram partem, whether the contract contains unfair terms, provided that it has available to it all the legal and factual elements necessary for that task, and from drawing the appropriate conclusions.