ddrg/super_eurlex huggingface dataset:
5

Article 11 of that regulation, entitled ‘General rules’, in Title II thereof, itself headed ‘Determination of the legislation applicable’, provides: ‘1. Persons to whom this Regulation applies shall be subject to the legislation of a single Member State only. Such legislation shall be determined in accordance with this Title. 2. For the purposes of this Title, persons receiving cash benefits because or as a consequence of their activity as an employed or self-employed person shall be considered to be pursuing the said activity. This shall not apply to invalidity, old-age or survivors’ pensions or to pensions in respect of accidents at work or occupational diseases or to sickness benefits in cash covering treatment for an unlimited period. 3. Subject to Articles 12 to 16: (a) a person pursuing an activity as an employed or self-employed person in a Member State shall be subject to the legislation of that Member State; (b) a civil servant shall be subject to the legislation of the Member State to which the administration employing him is subject; (c) a person receiving unemployment benefits in accordance with Article 65 under the legislation of the Member State of residence shall be subject to the legislation of that Member State; (d) a person called up or recalled for service in the armed forces or for civilian service in a Member State shall be subject to the legislation of that Member State; (e) any other person to whom subparagraphs (a) to (d) do not apply shall be subject to the legislation of the Member State of residence, without prejudice to other provisions of this Regulation guaranteeing him benefits under the legislation of one or more other Member States. …’
10

Article 52 of the Regulation on burial services of the municipality of Padua, as amended by Decision No 84 of the municipality of Padua of 30 November 2015, provides: ‘1. Entrusting of the cremation urn for the purpose of safekeeping in a dwelling shall take place in accordance with the written arrangements made by the deceased during his lifetime. In the absence of such arrangements, entrusting may be requested by the spouse or, where there is no spouse, by the next of kin determined in accordance with Articles 74, 75, 76 and 77 of the Civil Code and, if there are several such relatives, by the absolute majority thereof. 2. In the event of proven emotional ties or acknowledgement of kinship, safekeeping of the urn may also be entrusted to persons other than those referred to in the second sentence of the preceding paragraph, subject to prior agreement in writing by persons having an entitlement to the deceased’s estate. 3. The recipient shall not in any circumstances be permitted to request a third party to keep the cinerary urn. This prohibition shall apply even if the deceased expressly stated his wishes during his lifetime. 4. It is obligatory to keep the urn solely at the home of the recipient, in a space protected from any possible desecration or theft. Under no circumstances shall any apertures or holes be made in the urn. 5. The burial service may at any time require the recipient to produce the cinerary urn for the purposes of verifying the integrity and state of that urn. … 9. A recipient may be asked at any time to move to a cemetery an urn he holds for safekeeping. 10. In addition to the requirements set out in paragraph 4, in no circumstances may cinerary urns be kept for profit and economic activities relating, even non-exclusively, to the safekeeping of cinerary urns, for whatever purpose and for whatever period, shall therefore not be permitted. This prohibition shall apply even if the deceased expressly stated his wishes during his lifetime.’
31

In those circumstances the Tribunal Superior de Justicia de Castilla-La Mancha (High Court of Justice of Castile-La Mancha) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling: ‘Having regard to the approach taken in the earlier judgments of the referring court … as well as the submissions set out in the present appeal, whereby the decision extinguishing or terminating the employment relationship of the appellants as interim civil-servants … at the end of the teaching period in the academic year is challenged on the ground that it infringes the principle of equal treatment between fixed-term workers and permanent workers laid down in Clause 4 of the Framework Agreement, and in view of the fact that, under the Spanish legal rules applicable to the civil service of Castile-La Mancha, interim teaching staff cease their employment “when the reasons of necessity and urgency giving rise to their appointment cease to exist” …: (1) May the ending of the teaching period in the academic year be regarded as an objective ground justifying different treatment for the abovementioned interim teaching staff as compared with established teaching staff? (2) Is the fact that interim civil-servant teaching staff whose employment is terminated at the end of the teaching period cannot take their leave on actual rest days, but are paid the remuneration corresponding thereto, compatible with the principle that such interim staff should not be discriminated against? (3) Is an abstract rule like that contained in the 13th Additional Provision of the [Finance Law of 2012], which, among other measures, for reasons of budgetary savings and the fulfilment of deficit objectives, suspended the application of [the Agreement of 10 March 1994], so far as concerns paid leave in July and August for replacements of more than five-and-a-half months and for coverage of vacant posts, and required payment to be made to interim non-university teaching staff in respect of leave corresponding to 22 working days if the interim appointment was for a full academic year, or for the days corresponding thereto on a proportional basis, compatible with the principle that there should be no discrimination against such staff, who fall within the category of fixed-term workers?’
32

Against that background, the Bundesverwaltungsgericht (Federal Administrative Court) decided to stay the proceedings and to refer the following questions, which are worded identically in Case C‑412/17 and Case C‑474/17, to the Court of Justice for a preliminary ruling: ‘(1) Do Article 67(2) TFEU and Articles [20 and 21 of Regulation No 562/2006] preclude a provision of national law of a Member State which has the effect of requiring coach transport undertakings operating regular services across a Schengen internal border to check their passengers’ travel documents before crossing an internal border in order to prevent foreign nationals not in possession of a passport or residence permit from being brought into the territory of the Federal Republic of Germany? In particular: (a) Does the general statutory duty, or the administrative obligation directed at individual carriers, not to bring into federal territory foreign nationals not in possession of a passport or residence permit as required, which is properly discharged only if carriers check all passengers’ travel documents before crossing an internal border, constitute, or fall to be treated as, a check on persons at internal borders within the meaning of Article [20 of Regulation No 562/2006]? (b) Is the imposition of the duties referred to in question 1 to be assessed by reference to Article [21(a) of Regulation No 562/2006], even though carriers do not exercise “police powers” within the meaning of that provision and, moreover, do not formally enjoy any powers of public authority by virtue of the State-imposed obligation to carry out checks? (c) If the answer to question 1(b) is in the affirmative, do the checks which carriers are required to carry out, taking into account the criteria laid down in the second sentence of Article [21(a) of Regulation No 562/2006], constitute an unlawful measure having an effect equivalent to border checks? (d) Is the imposition of the duties referred to in question 1, in so far as it concerns coach transport undertakings operating regular services, to be assessed by reference to Article [21(b) of Regulation No 562/2006], which provides that the absence of border control at internal borders is not to affect the power of carriers to carry out security checks on persons at ports and airports? Does it follow from this that checks for the purposes of question 1 are not permissible even when carried out other than at ports and airports if they do not constitute security checks and are not also carried out on persons travelling within a Member State? (2) Do Articles [20 and 21 of Regulation No 562/2006] permit provisions of national law under which, for the purposes of ensuring compliance with that duty [to carry out checks as referred to in question 1], an order imposing a prohibition and a threat of a recurring fine against a coach transport undertaking in cases where the failure to carry out checks has enabled even foreign nationals not in possession of a passport or residence permit to be brought into the territory of the Federal Republic of Germany?’
9

Article 2(1)(d) and Articles 138 and 201 of the amended VAT Directive are drafted in identical terms to the corresponding articles of the VAT Directive. However, Article 143 of the amended VAT Directive states: ‘1. Member States shall exempt the following transactions: … (d) the importation of goods dispatched or transported from a third territory or a third country into a Member State other than that in which the dispatch or transport of the goods ends, where the supply of such goods by the importer designated or recognised under Article 201 as liable for payment of VAT is exempt under Article 138; … 2. The exemption provided for in paragraph 1(d) shall apply in cases when the importation of goods is followed by the supply of goods exempted under Article 138(1) and (2)(c) only if at the time of importation the importer has provided to the competent authorities of the Member State of importation at least the following information: (a) his VAT identification number issued in the Member State of importation or the VAT identification number of his tax representative, liable for payment of the VAT, issued in the Member State of importation; (b) the VAT identification number of the customer to whom the goods are supplied in accordance with Article 138(1), issued in another Member State, or his own VAT identification number issued in the Member State in which the dispatch or transport of the goods ends when the goods are subject to a transfer in accordance with Article 138(2)(c); (c) the evidence that the imported goods are intended to be transported or dispatched from the Member State of importation to another Member State. However, Member States may provide that the evidence referred to in point (c) be indicated to the competent authorities only upon request.’
2

Article 86 of the Rules of Procedure of the General Court, in the version applicable to the dispute at first instance (‘the Rules of Procedure of the General Court’), entitled ‘Modification of the application’, is worded as follows: ‘1. Where a measure the annulment of which is sought is replaced or amended by another measure with the same subject matter, the applicant may, before the oral part of the procedure is closed, or before the decision of the General Court to rule without an oral part of the procedure, modify the application to take account of that new factor. 2. The modification of the application must be made by a separate document within the time limit laid down in the sixth paragraph of Article 263 TFEU within which the annulment of the measure justifying the modification of the application may be sought. 3. The statement in intervention shall contain: (a) the modified form of order sought; (b) where appropriate, the modified pleas in law and arguments; (c) where appropriate, the evidence produced and offered in connection with the modification of the form of order sought. 4. The statement of modification must be accompanied by the measure justifying the modification of the application. If that measure is not produced, the Registrar is to prescribe a reasonable time limit within which the applicant is to produce it. If the applicant fails to produce the measure within the time limit prescribed, the General Court is to decide whether the non-compliance with that requirement renders the statement modifying the application inadmissible. 5. Without prejudice to the decision to be taken by the General Court on the admissibility of the statement modifying the application, the President shall prescribe a time limit within which the defendant may respond to the statement of modification. …’
48

In the light of the foregoing considerations, the answer to the question referred is that Article 20 TFEU, read in the light of Articles 7 and 24 of the Charter, must be interpreted as not precluding legislation of a Member State such as that at issue in the main proceedings, which provides under certain conditions for the loss, by operation of law, of the nationality of that Member State, which entails, in the case of persons who are not also nationals of another Member State, the loss of their citizenship of the Union and the rights attaching thereto, in so far as the competent national authorities, including national courts where appropriate, are in a position to examine, as an ancillary issue, the consequences of the loss of that nationality and, where appropriate, to have the persons concerned recover their nationality ex tunc in the context of an application by those persons for a travel document or any other document showing their nationality. In the context of that examination, the authorities and the courts must determine whether the loss of the nationality of the Member State concerned, when it entails the loss of citizenship of the Union and the rights attaching thereto, has due regard to the principle of proportionality so far as concerns the consequences of that loss for the situation of each person concerned and, if relevant, for that of the members of their family, from the point of view of EU law.
12

Law No 116 of 11 August 2014 (Ordinary Supplement to GURI No 192 of 20 August 2014, ‘Law No 116/2014’), which converted, with amendments, Decree-Law No 91 of 24 June 2014 into law, amended the preamble to Annex D to Legislative Decree No 152/2006 by introducing the following provisions: ‘1. The classification of waste shall be carried out by the producer, who shall assign to that waste the appropriate EWC [European Waste Catalogue] code in accordance with the provisions of Decision [2000/532]. 2. If waste is classified under an EWC code as “absolute” hazardous waste, it is hazardous without any further qualification. The hazardous properties, defined under H 1 to H 15, of the waste must be determined in order to manage that waste. 3. If waste is classified under an EWC code as “absolute” non-hazardous waste, it is non-hazardous without any further qualification. 4. If waste is classified under mirror codes, one which is hazardous and one which is non-hazardous, then, in order to establish whether or not that waste is hazardous, the hazardous properties of that waste must be determined. The checks which must be carried out in order to determine the hazardous properties of waste are as follows: (a) identify the compounds present in the waste by using the producer’s fact sheet, having an understanding of the chemical process and sampling and analysing the waste; (b) determine the hazards connected with those compounds using European legislation on the labelling of hazardous substances and preparations, European and international sources of information and the safety data sheet for the products which generate the waste; (c) establish whether the concentrations of those compounds imply that the waste has hazardous properties by comparing the concentrations measured during the chemical analysis with the threshold for the specific risk phrases for the compounds, or by tests carried out in order to verify whether the waste has hazardous properties. 5. If the chemical analyses reveal the components of the waste with no further qualification, and if the exact compounds of that waste are unknown, then, in order to identify the hazardous properties of the waste, it will be necessary to take into consideration the most hazardous compounds, in compliance with the precautionary principle. 6. Where the substances present in the waste are not known or are not determined in accordance with the methods laid down in the preceding paragraphs, or where the hazardous properties cannot be determined, the waste shall be classified as hazardous. 7. In any event, the classification shall take place before the waste is taken away from the place of production.’
9

Article 7 of the same directive, headed ‘Sampling points’, provides: ‘1. The location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10, PM2,5), lead, benzene and carbon monoxide in ambient air shall be determined using the criteria listed in Annex III. 2. In each zone or agglomeration where fixed measurements are the sole source of information for assessing air quality, the number of sampling points for each relevant pollutant shall not be less than the minimum number of sampling points specified in Section A of Annex V. 3. For zones and agglomerations within which information from fixed measurement sampling points is supplemented by information from modelling and/or indicative measurement, the total number of sampling points specified in Section A of Annex V may be reduced by up to 50%, provided that the following conditions are met: (a) the supplementary methods provide sufficient information for the assessment of air quality with regard to limit values or alert thresholds, as well as adequate information for the public; (b) the number of sampling points to be installed and the spatial resolution of other techniques are sufficient for the concentration of the relevant pollutant to be established in accordance with the data quality objectives specified in Section A of Annex I and enable assessment results to meet the criteria specified in Section B of Annex I. The results of modelling and/or indicative measurement shall be taken into account for the assessment of air quality with respect to the limit values. 4. The application in Member States of the criteria for selecting sampling points shall be monitored by the Commission so as to facilitate the harmonised application of those criteria throughout the European Union.’
3

Recitals 4, 6, 8, 10 and 11 of Directive 2008/95 state: ‘(4) It does not appear to be necessary to undertake full-scale approximation of the trade mark laws of the Member States. It will be sufficient if approximation is limited to those national provisions of law which most directly affect the functioning of the internal market. … (6) Member States should also remain free to fix the provisions of procedure concerning the registration, the revocation and the invalidity of trade marks acquired by registration. They can, for example, determine the form of trade mark registration and invalidity procedures, decide whether earlier rights should be invoked either in the registration procedure or in the invalidity procedure or in both and, if they allow earlier rights to be invoked in the registration procedure, have an opposition procedure or an ex officio examination procedure or both. … … (8) Attainment of the objectives at which this approximation of laws is aiming requires that the conditions for obtaining and continuing to hold a registered trade mark be, in general, identical in all Member States. … … (10) It is fundamental, in order to facilitate the free movement of goods and services, to ensure that registered trade marks enjoy the same protection under the legal systems of all the Member States. This should not, however, prevent the Member States from granting at their option extensive protection to those trade marks which have a reputation. (11) The protection afforded by the registered trade mark, the function of which is in particular to guarantee the trade mark as an indication of origin, should be absolute in the case of identity between the mark and the sign and the goods or services. The protection should apply also in the case of similarity between the mark and the sign and the goods or services. It is indispensable to give an interpretation of the concept of similarity in relation to the likelihood of confusion. The likelihood of confusion, the appreciation of which depends on numerous elements and, in particular, on the recognition of the trade mark on the market, the association which can be made with the used or registered sign, the degree of similarity between the trade mark and the sign and between the goods or services identified, should constitute the specific condition for such protection. The ways in which likelihood of confusion may be established, and in particular the onus of proof, should be a matter for national procedural rules which should not be prejudiced by this Directive.’
10

Article 6 of that directive, entitled ‘Information requirements for distance and off-premises contracts’, provides: ‘1. Before the consumer is bound by a distance or off-premises contract, or any corresponding offer, the trader shall provide the consumer with the following information in a clear and comprehensible manner: … (c) the geographical address at which the trader is established and the trader’s telephone number, fax number and e-mail address, where available, to enable the consumer to contact the trader quickly and communicate with him efficiently and, where applicable, the geographical address and identity of the trader on whose behalf he is acting; … 4. The information referred to in points (h), (i) and (j) of paragraph 1 may be provided by means of the model instructions on withdrawal set out in Annex I(A). The trader shall have fulfilled the information requirements laid down in points (h), (i) and (j) of paragraph 1 if he has supplied these instructions to the consumer, correctly filled in. 5. The information referred to in paragraph 1 shall form an integral part of the distance or off-premises contract and shall not be altered unless the contracting parties expressly agree otherwise. … 8. The information requirements laid down in this Directive are in addition to information requirements contained in [Directive 2006/123] and [Directive 2000/31] and do not prevent Member States from imposing additional information requirements in accordance with those Directives. Without prejudice to the first subparagraph, if a provision of [Directive 2006/123] or [Directive 2000/31] on the content and the manner in which the information is to be provided conflicts with a provision of this Directive, the provision of this Directive shall prevail. …’