ddrg/super_eurlex huggingface dataset:
3

Article 9 of Regulation No 207/2009, headed ‘Rights conferred by an EU trade mark’, states: ‘1. An EU trade mark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade: (a) any sign which is identical with the EU trade mark in relation to goods or services which are identical with those for which the EU trade mark is registered; (b) any sign where, because of its identity with, or similarity to, the EU trade mark and the identity or similarity of the goods or services covered by the EU trade mark and the sign, there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association between the sign and the trade mark; ... 2. The following, inter alia, may be prohibited under paragraph 1: (a) affixing the sign to the goods or to the packaging thereof; (b) offering the goods, putting them on the market or stocking them for these purposes under that sign, or offering or supplying services thereunder; (c) importing or exporting the goods under that sign; (d) using the sign on business papers and in advertising. 3. The rights conferred by an EU trade mark shall prevail against third parties from the date of publication of registration of the trade mark. Reasonable compensation may, however, be claimed in respect of acts occurring after the date of publication of an EU trade mark application, which acts would, after publication of the registration of the trade mark, be prohibited by virtue of that publication. The court seised of the case may not decide upon the merits of the case until the registration has been published.’
Article 119 of the EC Treaty (subsequently Article 141 EC), Article 1 of Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women, and Article 11(2)(b) and 11(3) of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) must be interpreted, in a situation where the Member State concerned did not provide for the maintenance of all the elements of pay to which an ordinary magistrate was entitled before her maternity leave, as not precluding a national law, such as that at issue in the main proceedings, under which, in the case of a period of compulsory maternity leave taken prior to 1 January 2005, an ordinary magistrate is not entitled to receive an allowance in respect of costs that ordinary magistrates incur in the performance of their professional functions, provided that that worker received, during that period, an income in an amount at least equivalent to that of the benefit provided for under national social security legislation which she would have received in the event of a break in her activities on grounds connected with her state of health, this being a matter for the national court to determine.
11

Articles L. 445‑1 to L. 445‑4 of the Code de l’énergie, headed ‘Regulated tariffs of sale’, provide: ‘Article L. 445‑1 The provisions of the second paragraph of Article L. 410‑2 of the Code de commerce shall apply to the regulated tariffs for the sale of natural gas referred to in Article L. 445‑3. Article L. 445‑2 Decisions on the tariffs mentioned in Article L. 445‑3 shall be taken jointly by the ministers responsible for economic affairs and energy, after obtaining the opinion of the Commission de régulation de l’énergie. The Commission de régulation de l’énergie shall draw up its proposals and opinions, which must state reasons, after carrying out any consultations it considers useful of the actors in the energy market. Article L. 445‑3 The regulated tariffs for the sale of natural gas shall be defined in accordance with the intrinsic characteristics of the supply of gas and the costs linked to supply. They shall cover all of those costs other than subsidies for customers who have exercised their right under Article L. 441‑1. … Article L. 445‑4 A final consumer of natural gas may not benefit from the regulated tariffs for the sale of natural gas mentioned in Article L. 445‑3 except in relation to a place of consumption which is still subject to those tariffs. However, a final consumer of natural gas who consumes less than 30000 kilowatt hours a year may benefit, at any place of consumption, from the regulated tariffs for the sale of natural gas mentioned in Article L. 445‑3.’
3

Article 3 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29) provides: ‘(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer. (2) A term shall always be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term, particularly in the context of a pre-formulated standard contract. The fact that certain aspects of a term or one specific term have been individually negotiated shall not exclude the application of this Article to the rest of a contract if an overall assessment of the contract indicates that it is nevertheless a pre-formulated standard contract. Where any seller or supplier claims that a standard term has been individually negotiated, the burden of proof in this respect shall be incumbent on him. (3) The Annex shall contain an indicative and non-exhaustive list of the terms which may be regarded as unfair.’
14

Article 9 of Ley estatal 55/2003 del Estatuto Marco del personal estatutario de los servicios de salud (State Law 55/2003 on the framework regulations for health service staff regulated under administrative law (‘regulated staff’)) of 16 December (BOE No 301 of 17 December 2003, p. 44742) (‘the framework regulations’), provides as follows: ‘1. On grounds of need, urgency or for the development of programmes of a temporary, auxiliary or extraordinary nature, the health services may appoint temporary regulated staff. Temporary regulated staff may be appointed on an interim, occasional or replacement basis. 2. Appointment on an interim basis shall be made to cover a vacant post in the health-care institutions or services where it is necessary to ensure performance of the duties pertaining to that post. The interim regulated staff member’s service shall be terminated if a permanent regulated staff member is appointed, through the procedure laid down in law or regulation, to the post occupied by that interim regulated staff member, or if that post is abolished. 3. Appointment on an occasional basis shall be made in the following situations: (a) when it concerns the provision of certain services of a temporary, auxiliary or extraordinary nature; (b) when it is necessary in order to ensure the permanent and continuous operation of the health-care institutions; (c) for the provision of additional services in order to compensate for a reduction of normal working hours. The occasional regulated staff member’s service shall be terminated when the purpose of the appointment has been accomplished, when the period expressly set out in his notice of appointment has expired, or when the duties for which the appointment was made are abolished. … 4. Appointment on an interim basis may be used where it is necessary in order to ensure performance of the duties of a permanent or temporary member of staff during holidays, leave periods and other absences of a temporary nature which involve the retention of the post. The appointment of the interim regulated staff member shall terminate when the person being replaced returns to work, or when that person loses his right to return to the same post or function.’
8.1.

Each device must be accompanied by the information needed to use it safely and properly, taking account of the training and knowledge of the potential users, and to identify the manufacturer. This information comprises the data on the label and in the instructions for use. As far as practicable and appropriate, the information needed to use the device safely and properly must be set out on the device itself and/or, where appropriate, on the sales packaging. If individual full labelling of each unit is not practicable, the information must be set out on the packaging and/or in the instructions for use supplied with one or more devices. Instructions for use must accompany or be included in the packaging of one or more devices. In duly justified and exceptional cases no such instructions for use are needed for a device if it can be used properly and safely without them. The decision whether to translate the instructions for use and the label into one or more languages of the European Union shall be left to the Member States, except that, for devices for self-testing, the instructions for use and the label must include a translation into the official language(s) of the Member State in which the device for self-testing reaches its final user.
16

Accord challenged that order and applied for it to be set aside by the Harju Maakohus (Harju District Court). According to Accord, such protective measures could not be granted, since Roche’s action has no prospect of succeeding on the substance, Roche having no exclusive right to capecitabine until 8 June 2016. In Accord’s submission, in the order of 13 February 2014, Merck Canada (C‑555/13, EU:C:2014:92), the Court took the view that Article 13 of Regulation No 469/2009, in conjunction with recital 9 thereof, must be interpreted as meaning that it is not permitted for the holder of both a patent and an SPC to rely on the entire period of validity of the certificate, calculated in accordance with Article 13 thereof, in a situation in which, by relying on such a period of validity, it would enjoy an exclusive right in relation to an active substance for more than 15 years from the time when the first MA in the European Union was granted for a medicinal product consisting of that active substance or containing it. The first MA in the European Union of the medicinal product containing capecitabine having been granted on 10 June 1998, the maximum duration of supplementary protection that Roche could claim is 15 years from that first placing on the market, that is to say from 10 June 1998 to 10 June 2013. Since, on 10 June 2013, the validity of the basic patent expired, as did the validity of the SPC relating to Xeloda, Roche has, since then, no longer been the owner of an exclusive right in relation to capecitabine.
8

Article 65 of Directive 2001/82, which forms part of Title VI thereof, entitled ‘Possession, distribution and dispensing of veterinary medicinal products’, provides, as regards the wholesale distribution of veterinary medicinal products: ‘1. Member States shall take all appropriate measures to ensure that wholesale distribution of veterinary medicinal products is subject to the holding of an authorisation and to ensure that the time taken for the procedure for granting this authorisation does not exceed 90 days from the date on which the competent authority receives the application. Member States may exclude supplies of small quantities of veterinary medicinal products from one retailer to another from the scope of the definition of wholesale distribution. 2. In order to obtain the authorisation for distribution, the applicant shall have at his disposal technically competent staff and suitable and sufficient premises complying with the requirements laid down in the Member State concerned as regards the storage and handling of veterinary medicinal products. 3. The holder of the authorisation for distribution shall be required to keep detailed records. [Certain] information shall be recorded in respect of each incoming or outgoing transaction ... 4. Member States shall take all appropriate measures to ensure that wholesalers supply veterinary medicinal products only to persons permitted to carry out retail activities in accordance with Article 66, or to other persons who are lawfully permitted to receive veterinary medicinal products from wholesalers. 5. Any distributor, not being the [MA] holder, who imports a product from another Member State shall notify the [MA] holder and the competent authority in the Member State to which the product will be imported of his intention to import it. In the case of products which have not been granted an authorisation pursuant to Regulation (EC) No 726/2004, the notification to the competent authority shall be without prejudice to additional procedures provided for in the legislation of that Member State.’
5

Article 5 of Regulation No 1346/2000, entitled ‘Third parties’ rights in rem’, provides: ‘1. The opening of insolvency proceedings shall not affect the rights in rem of creditors or third parties in respect of tangible or intangible, movable or immovable assets — both specific assets and collections of indefinite assets as a whole which change from time to time — belonging to the debtor which are situated within the territory of another Member State at the time of the opening of proceedings. 2. The rights referred to in paragraph 1 shall, in particular, mean: (a) the right to dispose of assets or have them disposed of and to obtain satisfaction from the proceeds of or income from those assets, in particular by virtue of a lien or a mortgage; (b) the exclusive right to have a claim met, in particular a right guaranteed by a lien in respect of the claim or by assignment of the claim by way of a guarantee; (c) the right to demand the assets from, and/or to require restitution by, anyone having possession or use of them contrary to the wishes of the party so entitled; (d) a right in rem to the beneficial use of assets. 3. The right, recorded in a public register and enforceable against third parties, under which a right in rem within the meaning of paragraph 1 may be obtained, shall be considered a right in rem. ...’
14

In those circumstances, the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) decided to stay the proceedings and to refer the following questions to the Court for a preliminary ruling: ‘1. Must Article 3 of Directive 2000/78 be interpreted as meaning that that provision applies to a concession contained in tax legislation on the basis of which study costs may, under certain conditions, be deducted from the taxable income? In the event that the Court answers the first question referred in the negative: 2. Must the principle of non-discrimination on grounds of age, as a general principle of EU law, be applied to a tax concession on the basis of which training expenditure is deductible only under certain circumstances, even when that tax concession falls outside the material scope of Directive 2000/78 and when that arrangement does not implement EU law? 3. (a) Can differences in treatment which are contrary to the principle of non-discrimination on grounds of age, as a general principle of EU law, be justified in a way provided for in Article 6 of Directive 2000/78? (b) If not, what criteria apply to the application of that principle or to the justification of a distinction based on age? 4. (a) Should Article 6 of Directive 2000/78 and/or the principle of non-discrimination on grounds of age be interpreted as justifying a difference in treatment on the grounds of age if the ground for that difference in treatment relates to only some of the cases affected by that distinction? (b) Can a distinction based on age be justified by the view of the legislature that beyond a certain age a tax concession need not be available because it is the “personal [financial] responsibility” of the person claiming it to achieve the objective pursued by the concession?’
12

Article 36 of DPR No 633/72 is worded as follows: ‘(1) In the case of taxable persons carrying out more than one activity, the tax shall apply in aggregate and cumulatively to all activities, by reference to overall turnover, subject to the provisions of the following paragraphs. (2) If the taxable person operates undertakings or simultaneously exercises trades or professions, the tax shall apply separately for the operation of undertakings and for the exercise of trades or professions in accordance with the applicable provisions and by reference to the turnover. (3) Taxable persons who operate several undertakings or carry out more than one activity in the same undertaking or several trades or professions may opt for the separate application of the tax relating to some of the activities in which they engage, by indicating their choice to the tax authority in their declaration relating to the previous year or in their declaration of commencement of operations. In such a case, the deduction provided for in Article 19 shall be granted, provided that separate accounts are maintained for that activity, but shall be excluded, by way of derogation from the provisions of the preceding paragraph, with regard to the tax on non-depreciable mixed-use goods. The option shall take effect for as long as it is not revoked and in any event for at least three years. … The provisions of this paragraph shall also apply to taxable persons … who carry out exempt activities within the meaning of Article 10(1). (4) The tax shall in every case apply separately, in accordance with the provisions respectively applicable and by reference to the overall turnover of each of them, … (5) In all cases where the tax is applied separately for a given activity, where the deduction provided for in Article 19 is reduced pursuant to paragraph 3 of that article or is imposed as a lump sum, that deduction shall be granted in respect of the tax on mixed-use goods and services, within the limits of the fraction which may be attributed to the exercise of the activity itself. The transfers of services to the activity subject to the reduced or lump sum deduction constitute the provision of services within the meaning of Article 3 and shall be deemed to have been made on the basis of their normal value on the date on which they are provided. …’
35

However, ‘it would appear’ that, if the investment decisions in question are examined in the context of the situation prior to July 2002, they do not satisfy the prudent private investor criterion (recital 228 of the decision at issue). At that time, FT was operating in a difficult economic context and had lost the confidence of the markets, and the French authorities had not yet taken any steps to improve FT’s operations and results, commissioned any in-depth audit, appointed a new management team or even prepared a recovery plan for the company. In those circumstances, it is ‘improbable that a private investor would, from July 2002, have made declarations similar to those made by the French Government, likely as they were, from a purely economic point of view, … seriously [to] place his credibility and reputation on the line and, from a legal point of view, … even [to] oblige him from that date to support [FT] financially come what may’. In so doing, such an investor would have assumed a very considerable risk vis-à-vis FT, without being indemnified or compensated. Even a reference shareholder in possession of the same information as that which the French authorities had at their disposal at the time would not have made a declaration of support for FT in July 2002 without first carrying out a thorough audit of FT’s financial situation and taking any measures necessary for its recovery in order to be able to assess the scale of the risk and the remuneration prospects involved in such a step. In any event, such a reference shareholder would have needed the financial markets’ help in putting right FT’s situation. However, those markets ‘did not at that time seem prepared to invest in or grant much in the way of credit to [FT]’ (recital 229 of the decision at issue).
36

According to the Authority with responsibility for foreign nationals, for the purpose of acquiring a right of residence on the basis of those provisions, it is necessary, first, for the family member who gives entitlement to the right to family reunification to be duly registered as belonging to the labour force in Germany at the time the residence permit for the purposes of family reunification was first issued, and, second, that the status as belonging to the labour force must be maintained for the first three years following the issue of that permit. Therefore, it is not sufficient for that purpose that the individual joined by a family member subsequently acquires the status of employed worker and maintains that status for three years. Finally, the Authority with responsibility for foreign nationals takes the view that the extension of a residence permit cannot be treated as the authorisation to join the worker, referred to in Article 7, first paragraph, of Decision No 1/80, since, when she entered German territory in 2001, Ms Ucar had already been authorised to join her spouse in his capacity as a Turkish worker.
22

Paragraph 68 of the LFGB states: ‘1. ... derogations from the provisions of this law … may be issued upon application in accordance with subparagraphs 2 and 3. 2. Derogations may only be authorised (1) for the manufacture, processing and marketing of specific foods …, in so far as results are expected which could be of significance to the modification or supplementation of the regulations applying to the food … under official supervision or in so far as harmonisation of the regulations with legal acts of … the European Union has not yet occurred; the legitimate interests of the individual as well as all factors which could influence the general competitive situation in the branch of industry affected must be given appropriate consideration, … (4) in other cases where, due to particular circumstances, especially the impending spoilage of food …, it appears necessary to avoid undue hardship; … 3. Derogations may only be issued if the facts justify the assumption that there is no risk posed to human or animal health … 4. The grant of the derogations referred to in subparagraph 2, numbers 1 and 3, fall within the competence of the Federal Office of Consumer Protection and Food Safety … Conditions may be attached to the authorisation. 5. The derogation under subparagraph 2 may be issued for a maximum of three years. In the cases under subparagraph 2, number 1, it can, on request, be extended three times … each time for a maximum period of three years in so far as the conditions of the grant are still fulfilled. 6. Authorisation for a derogation may be revoked at any time for an important reason. Reference to that reason will be made in the authorisation. …’