ddrg/super_eurlex huggingface dataset:
6

Article 12(1) and (2) of Annex VIII to the Staff Regulations provides: ‘1. An official aged less than 63 years whose service terminates otherwise than by reason of death or invalidity and who is not entitled to an immediate or deferred retirement pension shall be entitled on leaving the service: (a) where he has completed less than one year’s service and has not made use of the arrangement laid down in Article 11(2), to payment of a severance grant equal to three times the amounts withheld from his basic salary in respect of his pension contributions, after deduction of any amounts paid under Articles 42 and 112 of the [CEOS]; (b) in other cases, to the benefits provided under Article 11(1) or to the payment of the actuarial equivalent of such benefits to a private insurance company or pension fund of their choice, on condition such company or fund guarantees that: ... 2. By way of derogation from paragraph 1(b), officials under 63 years of age who, since taking up their duties, have, in order to establish or maintain pension rights, paid into a national pension scheme, a private insurance scheme or a pension fund of their choice which satisfies the requirements set out in paragraph 1, and whose service terminates for reasons other than death or invalidity without their qualifying for an immediate or deferred retirement pension, shall be entitled, on leaving the service, to a severance grant equal to the actuarial value of their pension rights acquired during service in the institutions. In these cases the payments made in order to establish or maintain his pension rights under the national pension scheme in application of Articles 42 or 112 [of the CEOS] shall be deducted from the severance grant.’
5

Article 25 of that directive provides : ‘1. Any increase in capital must be decided upon by the general meeting. Both this decision and the increase in the subscribed capital shall be published ... 2. Nevertheless, the statutes or instrument of incorporation or the general meeting, the decision of which must be published in accordance with the rules referred to in paragraph 1, may authorize an increase in the subscribed capital up to a maximum amount which they shall fix with due regard for any maximum amount provided for by law. Where appropriate, the increase in the subscribed capital shall be decided on within the limits of the amount fixed, by the company body empowered to do so. The power of such body in this respect shall be for a maximum period of five years and may be renewed one or more times by the general meeting, each time for a period not exceeding five years. 3. Where there are several classes of shares, the decision by the general meeting concerning the increase in capital referred to in paragraph 1 or the authorization to increase the capital referred to in paragraph 2, shall be subject to a separate vote at least for each class of shareholder whose rights are affected by the transaction. 4. This Article shall apply to the issue of all securities which are convertible into shares or which carry the right to subscribe for shares, but not to the conversion of such securities, nor to the exercise of the right to subscribe.’
16

Paragraph 8 of the ApBetrO reads as follows: ‘Medicinal products prepared on the basis of a general prescription (1) A medicinal product prepared on the basis of a general prescription must be manufactured in accordance with manufacturing instructions which are written down in advance and which must be signed by a pharmacist from the pharmacy. The manufacturing instructions must in particular provide information concerning: 1. the basic ingredients contained in the product, the materials of the primary packaging and the apparatus used; 2. the technical and organisational measures designed to avoid cross contamination and reactions, including preparation of the work area; 3. the description of the various stages of the manufacturing process, including theoretical values and, in so far as is possible, the checks carried out during the manufacturing process; 4. the labelling, stating inter alia the date of manufacture, the expiry date or the additional checks and, in so far as necessary, the storage conditions and safety precautions; and 5. the marketing authorisation, within the meaning of Paragraph 4(17) [of the AMG]. (2) The manufacture must be documented in accordance with the manufacturing regulations at the time of manufacture by the person who is responsible (manufacturing protocol); the protocol must make it possible to retrace all of the main steps in the manufacturing process. The manufacturing protocol must set out the manufacturing regulations and must, in particular, state the following: 1. the date of manufacture and the designation of the batches; 2. the basic substances used, their weight or their dimensions and the designation of the batches or the control numbers; 3. the results of the checks carried out during the manufacturing process; 4. the manufacturing specifications; 5. the total quantity manufactured and, in so far as appropriate, the number of derived pharmaceutical forms; 6. the expiry date or the additional control date; and 7. the signature of the person who manufactured the medicinal product. The manufacturing protocol must be completed by a pharmacist’s certification that the manufactured medicinal product complies with the manufacturing conditions (validation). (3) The checking of medicinal products manufactured in accordance with a general prescription must be subject to control instructions, which must be signed by a pharmacist from the pharmacy. The control instructions must, as a minimum requirement, include information concerning the taking of samples, the control methods and procedures, including in respect of theoretical values or authorised limit values. (4) The checking must be carried out in accordance with instructions on the control procedures referred to in (3) above and be documented by the person who has carried out the check (control protocol). The control protocol must refer to the instructions on the control procedures and must, in particular, indicate the following: 1. the date of the check; 2. the results of the check and their validation by the responsible pharmacist who has carried out or supervised the check.’
9

According to Article 38(2), (4) and (5) of Legislative Decree No 163/2006: ‘(2) The candidate or tenderer shall certify that he satisfies the relevant requirements by producing a sworn statement, in accordance with the conditions laid down in the consolidated statutory and regulatory provisions relating to administrative documents, as required by Decree No 445 of the President of the Republic of 28 December 2000, and shall set out in that statement all his previous convictions, including those which have not been entered in the judicial record. … For the purposes of Article 38(1)(i) of the decree, failures are to be regarded as serious if they preclude the issue of a social security contributions payment certificate [documento unico di regolarità contributiva]] … (4) For the purposes of checks relating to the grounds of exclusion referred to in the present article, the contracting authorities request, as the case may be, the candidates or tenderers not established in Italy to submit the supporting documents required and may, in addition, request the cooperation of the competent authorities. (5) Where the Member State of the European Union concerned does not issue such documents or certificates, they may be replaced by a declaration on oath or, in Member States where there is no provision for declarations on oath, by a solemn declaration made by the person concerned before a judicial or administrative authority, a notary or a competent professional or trade body, in the country of origin or in the country whence that person comes’.
6

Article 6 of the Habitats Directive provides: ‘1. For special areas of conservation, Member States shall establish the necessary conservation measures involving, if need be, appropriate management plans specifically designed for the sites or integrated into other development plans, and appropriate statutory, administrative or contractual measures which correspond to the ecological requirements of the natural habitat types in Annex I and the species in Annex II present on the sites. 2. Member States shall take appropriate steps to avoid, in the special areas of conservation, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated, in so far as such disturbance could be significant in relation to the objectives of this Directive. 3. Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public. 4. If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted. Where the site concerned hosts a priority natural habitat type and/or a priority species, the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest.’
39

It must be borne in mind that, in an appeal, the Court of Justice has no jurisdiction to establish the facts or, in principle, to examine the evidence which the General Court accepted in support of those facts. Provided that the evidence has been properly obtained and the general principles of law and the Rules of Procedure in relation to the burden of proof and the taking of evidence have been observed, it is for the General Court alone to assess the value which should be attached to the evidence produced to it. Save where the evidence adduced before the General Court has been distorted, that assessment therefore does not constitute a point of law which is subject to review by the Court of Justice. However, the jurisdiction of the Court of Justice to review the findings of fact by the General Court extends, inter alia, to the question whether the rules relating to the burden of proof and the taking of evidence have been observed (judgment of 19 December 2013, Siemens and Others v Commission, C‑239/11 P, C‑489/11 P and C‑498/11 P, not published, EU:C:2013:866, paragraphs 38 and 39 and the case-law cited). In particular, the question whether the General Court has taken the right legal criteria as the basis for its appraisal of the facts and evidence is a question of law, which is amenable to review by the Court of Justice in an appeal (judgment of 11 July 2013, Commission v Stichting Administratiekantoor Portielje, C‑440/11 P, EU:C:2013:514, paragraph 59 and the case-law cited).
19

Article 35 of the LEC, entitled ‘Lawyers’ fees’, provides: ‘1. Lawyers may claim from the party whom they represent payment of the fees which have accrued in the matter, by submitting an itemised bill and stating formally that those fees are due to them and have not been paid. 2. Following submission of that claim, the Secretario Judicial shall require the debtor to pay the sum concerned, together with costs of recovery, or to lodge an objection to the account within 10 days. Recovery of that sum shall be enforced if the principal fails to pay or to lodge an objection. Where an objection is lodged within that time-limit on the ground that the fees are not due, the provisions of the second and third subparagraphs of Article 34(2) shall apply. Where an objection is lodged against fees on the ground that they are excessive, they shall first be reviewed in accordance with the provisions of Article 241 et seq., unless the lawyer establishes the existence of a prior written estimate accepted by the objecting party, and an order shall be made setting the amount due. Recovery of that sum shall be enforced if payment is not made within five days of notification. The order referred to above shall not be subject to appeal but shall be wholly without prejudice to any judgment which may be given in subsequent ordinary proceedings. 3. If the party who owes the fees does not lodge an objection within the time limit stipulated, an enforcement order shall be made for the total amount of the bill, plus costs of recovery.’
6

Article 7 of Directive 2005/29, entitled ‘Misleading omissions’, provides: ‘1. A commercial practice shall be regarded as misleading if, in its factual context, taking account of all its features and circumstances and the limitations of the communication medium, it omits material information that the average consumer needs, according to the context, to take an informed transactional decision and thereby causes or is likely to cause the average consumer to take a transactional decision that he would not have taken otherwise. 2. It shall also be regarded as a misleading omission when, taking account of the matters described in paragraph 1, a trader hides or provides in an unclear, unintelligible, ambiguous or untimely manner such material information as referred to in that paragraph or fails to identify the commercial intent of the commercial practice if not already apparent from the context, and where, in either case, this causes or is likely to cause the average consumer to take a transactional decision that he would not have taken otherwise. 3. Where the medium used to communicate the commercial practice imposes limitations of space or time, these limitations and any measures taken by the trader to make the information available to consumers by other means shall be taken into account in deciding whether information has been omitted. …’
1.

Article 7(2) of Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, read in the light of the United Nations Convention on the Rights of Persons with Disabilities, approved on behalf of the European Community by Council Decision 2010/48/EC of 26 November 2009, and in conjunction with the general principle of equal treatment enshrined in Articles 20 and 21 of the Charter of Fundamental Rights of the European Union, must be construed as allowing legislation of a Member State, such as that at issue in the main proceedings, which confers on employees with certain disabilities specific advance protection in the event of dismissal, without conferring such protection on civil servants with the same disabilities, unless it has been established that there has been an infringement of the principle of equal treatment, that being a matter for the referring court to determine. When making that determination, the comparison of the situations must be based on an analysis focusing on all the relevant rules of national law governing the positions of employees with a particular disability, on the one hand, and the positions of civil servants with the same disability, on the other, having regard, in particular, to the purpose of the protection against dismissal at issue in the main proceedings.
12

Article 19 of the regulation, entitled ‘Defendant not entering an appearance’, is worded as follows: ‘1. Where a writ of summons or an equivalent document has had to be transmitted to another Member State for the purpose of service under the provisions of this Regulation and the defendant has not appeared, judgment shall not be given until it is established that: (a) the document was served by a method prescribed by the internal law of the Member State addressed for the service of documents in domestic actions upon persons who are within its territory; or (b) the document was actually delivered to the defendant or to his residence by another method provided for by this Regulation; and that in either of these cases the service or the delivery was effected in sufficient time to enable the defendant to defend. 2. Each Member State may make it known, in accordance with Article 23(1), that the judge, notwithstanding the provisions of paragraph 1, may give judgment even if no certificate of service or delivery has been received, if all the following conditions are fulfilled: (a) the document was transmitted by one of the methods provided for in this Regulation; (b) a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document; (c) no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities or bodies of the Member State addressed. 3. Notwithstanding paragraphs 1 and 2, the judge may order, in case of urgency, any provisional or protective measures. 4. When a writ of summons or an equivalent document has had to be transmitted to another Member State for the purpose of service under the provisions of this Regulation and a judgment has been entered against a defendant who has not appeared, the judge shall have the power to relieve the defendant from the effects of the expiry of the time for appeal from the judgment if the following conditions are fulfilled: (a) the defendant, without any fault on his part, did not have knowledge of the document in sufficient time to defend, or knowledge of the judgment in sufficient time to appeal; and (b) the defendant has disclosed a prima facie defence to the action on the merits. An application for relief may be filed only within a reasonable time after the defendant has knowledge of the judgment. Each Member State may make it known, in accordance with Article 23(1), that such application will not be entertained if it is filed after the expiry of a time to be stated by it in that communication, but which shall in no case be less than one year following the date of the judgment. …’
3

Recitals 6, 7, 14, 15 and 24 of 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 policy 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 to achieve that objective.’
50

In any event, the fact that the licence agreements enable the VBB to verify that the licensees use exclusively good‑quality cotton fibres cannot constitute such evidence. It implies, at most, that the VBB certifies the quality of the raw material used. As is apparent from Article 66 of Regulation No 207/2009 and Article 74a, added to that regulation by Regulation No 2015/2424, such a certification may, depending on the circumstances, suffice for the view to be taken that a mark other than an individual mark fulfils its function as an indication of origin. Indeed, Article 66 provides that a collective mark fulfils its function as an indication of origin where it distinguishes ‘the goods or services of the members of the association which is the proprietor of the mark from those of other undertakings’ and Article 74a states that a certification mark fulfils that function where it distinguishes ‘goods or services which are certified by the proprietor of the mark in respect of material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics … from goods and services which are not so certified’. However, the dispute in the main proceedings concerns an individual mark registered for goods. As has been explained in paragraph 41 of the present judgment, such a mark fulfils its function as an indication of origin where its use guarantees to consumers that the goods bearing it come from a single undertaking under the control of which they are manufactured and which is responsible for the quality of those goods, in their finished state and following the manufacturing process.