Unnamed: 0 int64 0 111k | CELEX_FROM stringlengths 11 15 | TITLE_FROM stringlengths 2 1.13k | NUMBER_FROM int64 1 604 | DATE_FROM stringlengths 10 10 | TEXT_FROM stringlengths 36 32.8k ⌀ | CELEX_TO stringlengths 11 15 | TITLE_TO stringlengths 2 1.13k | NUMBER_TO int64 1 2.02k | TEXT_TO stringlengths 8 29.9k ⌀ | DATE_TO stringlengths 10 10 |
|---|---|---|---|---|---|---|---|---|---|---|
100 | 61987CJ0175 | Matsushita Electric Industrial Co. Ltd and Matsushita Electric Trading Co. Ltd v Council of the European Communities. | 32 | 1992-03-10 | 32 It emerges from the case-law of the Court (see in particular the judgment in Case 250/85 Brother v Council cited above, at paragraph 18) that the purpose of constructing the normal value is to determine the selling price of a product as it would be if that product were sold in its country of origin or in the exporti... | 61985CJ0250 | Brother Industries Ltd v Council of the European Communities. | 18 | 18 In that connection, it must be borne in mind that, according to the scheme of Regulation No 2176/84, the purpose of constructing the normal value is to determine the selling price of a product as it would be if that product were sold in its country of origin or in the exporting country . Consequently, it is the expe... | 1988-10-05 |
101 | 61987CJ0175 | Matsushita Electric Industrial Co. Ltd and Matsushita Electric Trading Co. Ltd v Council of the European Communities. | 34 | 1992-03-10 | 34 It should lastly be recalled, as regards the argument that the profit margin of 5% taken into account in calculating the constructed normal value for sales to OEMs is insufficient, that in ruling on a similar plea in law, also seeking the annulment of Regulation No 535/87, the Court held in the judgment in Joined Ca... | 61987CJ0133 | Nashua Corporation and others v Commission and Council of the European Communities. | 33 | 33 It is apparent from the documents before the Court that the institutions took into consideration the difference between the costs and profits associated with sales to OEMs and the equivalent figures for other sales . Indeed, it was for that purpose, and because the institutions found it impossible to gauge that diff... | 1990-03-14 |
102 | 61987CJ0175 | Matsushita Electric Industrial Co. Ltd and Matsushita Electric Trading Co. Ltd v Council of the European Communities. | 57 | 1992-03-10 | 57 It should be noted in this connection that when the same argument was relied on by the applicant in Case C-156/87 Gestetner, cited above, the Court pointed out at paragraph 57 that, with regard to imports of PPCs supplied by Fuji Xerox from Japan, the institutions took the view that Rank Xerox had not produced evide... | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 57 | 57 Secondly, with regard to imports of plain paper photocopiers supplied by Fuji Xerox from Japan, the Council and the Commission took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection . According to the information obtained the decision was a mana... | 1990-03-14 |
103 | 61994CJ0321 | Criminal proceedings against Jacques Pistre (C-321/94), Michèle Barthes (C-322/94), Yves Milhau (C-323/94) and Didier Oberti (C-324/94). | 43 | 1997-05-07 | 43 According to settled case-law (judgment in Case 8/74 Dassonville [1974] ECR 837, paragraph 5), the prohibition laid down in Article 30 of the Treaty covers all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade. | 61974CJ0008 | Procureur du Roi v Benoît and Gustave Dassonville. | 5 | 5 ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS . | 1974-07-11 |
104 | 61994CJ0321 | Criminal proceedings against Jacques Pistre (C-321/94), Michèle Barthes (C-322/94), Yves Milhau (C-323/94) and Didier Oberti (C-324/94). | 52 | 1997-05-07 | 52 According to settled case-law, domestic legislation of that kind, since it is discriminatory in character, may be justified only on one of the grounds mentioned in Article 36 of the Treaty (see, to this effect, the judgment in Case 113/80 Commission v Ireland [1981] ECR 1625, paragraphs 8 and 11). | 61980CJ0113 | Commission of the European Communities v Ireland. | 8 | 8 IN VIEW OF THE FACT THAT NEITHER THE PROTECTION OF CONSUMERS NOR THE FAIRNESS OF COMMERCIAL TRANSACTIONS IS INCLUDED AMONGST THE EXCEPTIONS SET OUT IN ARTICLE 36 , THOSE GROUNDS CANNOT BE RELIED UPON AS SUCH IN CONNEXION WITH THAT ARTICLE .
| 1981-06-17 |
105 | 61995CJ0003 | Reisebüro Broede v Gerd Sandker. | 42 | 1996-12-12 | 42 Whilst it is true that debt-collection agencies are not subject to legal regulation in France, the fact that one Member State imposes less strict rules than another Member State does not mean that the latter's rules are disproportionate and hence incompatible with Community law (Case C-348/93 Alpine Investments v Mi... | 61993CJ0384 | Alpine Investments BV v Minister van Financiën. | 51 | 51 That point of view cannot be accepted. As the Advocate General correctly states in point 88 of his Opinion, the fact that one Member State imposes less strict rules than another Member State does not mean that the latter' s rules are disproportionate and hence incompatible with Community law. | 1995-05-10 |
106 | 61987CJ0175 | Matsushita Electric Industrial Co. Ltd and Matsushita Electric Trading Co. Ltd v Council of the European Communities. | 61 | 1992-03-10 | 61 That argument cannot be accepted. As the Court held in its judgment in Case C-156/87 Gestetner, at paragraph 47, Olivetti and Océ imported PPCs from Japan so as to be able to offer their customers a full range of models. Those PPCs, falling within segments 1 and 2, were sold at higher prices than those charged by th... | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 47 | 47 According to the Council and the Commission, Olivetti and Océ imported plain paper photocopiers from Japan so as to be able to offer their customers a full range of models . Those photocopiers, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between... | 1990-03-14 |
107 | 61987CJ0175 | Matsushita Electric Industrial Co. Ltd and Matsushita Electric Trading Co. Ltd v Council of the European Communities. | 81 | 1992-03-10 | 81 It should be borne in mind that, as the Court held in its judgment in C-156/87 Gestetner, at paragraph 63, the question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations and judicial review of such an appraisal must be limited to verifying whethe... | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 63 | 63 The question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations . As the Court has held, in particular in its judgment of 7 May 1987 in Case 255/84 Nachi Fujikoshi v Council (( 1987 )) ECR 1861, paragraph 21, judicial review of such an appraisal m... | 1990-03-14 |
108 | 61987CJ0176 | Konishiroku Photo Industry Co. Ltd v Council of the European Communities. | 19 | 1992-03-10 | 19 It should be noted in this connection that when the same argument was relied on by the applicant in Case C-156/87 Gestetner, cited above, the Court pointed out at paragraph 57 that, with regard to imports of PPCs supplied by Fuji Xerox from Japan, the institutions took the view that Rank Xerox had not produced evide... | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 57 | 57 Secondly, with regard to imports of plain paper photocopiers supplied by Fuji Xerox from Japan, the Council and the Commission took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection . According to the information obtained the decision was a mana... | 1990-03-14 |
109 | 61987CJ0176 | Konishiroku Photo Industry Co. Ltd v Council of the European Communities. | 23 | 1992-03-10 | 23 That argument cannot be accepted. As the Court held in its judgment in Case C-156/87 Gestetner, at paragraph 47, Olivetti and Océ imported PPCs from Japan so as to be able to offer their customers a full range of models. Those PPCs, falling within segments 1 and 2, were sold at higher prices than those charged by th... | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 47 | 47 According to the Council and the Commission, Olivetti and Océ imported plain paper photocopiers from Japan so as to be able to offer their customers a full range of models . Those photocopiers, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between... | 1990-03-14 |
110 | 61995CJ0009 | Kingdom of Belgium and Federal Republic of Germany v Commission of the European Communities. | 23 | 1997-02-04 | 23 Application of Article 30 is subject to the condition that the specific measures which the Commission must adopt are intended to assist transition from national arrangements to the common organization of the market and that they are necessary for that purpose (T. Port, cited above, paragraph 35). | 61995CJ0068 | T. Port GmbH & Co. KG v Bundesanstalt für Landwirtschaft und Ernährung. | 35 | 35 Application of Article 30 is subject to the condition that the specific measures which the Commission must adopt are intended to assist transition from national arrangements to the common organization of the market and that they are necessary for that purpose. | 1996-11-26 |
111 | 61995CJ0009 | Kingdom of Belgium and Federal Republic of Germany v Commission of the European Communities. | 24 | 1997-02-04 | 24 Those transitional measures must address difficulties encountered after establishment of the common organization of the market but originating in the state of national markets prior to adoption of the contested regulations (T. Port, paragraph 36). | 61995CJ0068 | T. Port GmbH & Co. KG v Bundesanstalt für Landwirtschaft und Ernährung. | 36 | 36 Those transitional measures must address difficulties encountered after establishment of the common organization of the market but originating in the state of national markets prior to adoption of the Regulation. | 1996-11-26 |
112 | 61987CJ0176 | Konishiroku Photo Industry Co. Ltd v Council of the European Communities. | 43 | 1992-03-10 | 43 It should be borne in mind that, as the Court held in its judgment in C-156/87 Gestetner, at paragraph 63, the question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations and judicial review of such an appraisal must be limited to verifying whethe... | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 63 | 63 The question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations . As the Court has held, in particular in its judgment of 7 May 1987 in Case 255/84 Nachi Fujikoshi v Council (( 1987 )) ECR 1861, paragraph 21, judicial review of such an appraisal m... | 1990-03-14 |
113 | 61987CJ0177 | Sanyo Electric Co. Ltd v Council of the European Communities. | 19 | 1992-03-10 | 19 It should be noted in this connection that when the same argument was relied on by the applicant in Case C-156/87 Gestetner, cited above, the Court pointed out at paragraph 57 that, with regard to imports of PPCs supplied by Fuji Xerox from Japan, the institutions took the view that Rank Xerox had not produced evide... | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 57 | 57 Secondly, with regard to imports of plain paper photocopiers supplied by Fuji Xerox from Japan, the Council and the Commission took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection . According to the information obtained the decision was a mana... | 1990-03-14 |
114 | 61987CJ0177 | Sanyo Electric Co. Ltd v Council of the European Communities. | 23 | 1992-03-10 | 23 That argument cannot be accepted. As the Court held in its judgment in Case C-156/87 Gestetner, at paragraph 47, Olivetti and Océ imported PPCs from Japan so as to be able to offer their customers a full range of models. Those PPCs, falling within segments 1 and 2, were sold at higher prices than those charged by th... | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 47 | 47 According to the Council and the Commission, Olivetti and Océ imported plain paper photocopiers from Japan so as to be able to offer their customers a full range of models . Those photocopiers, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between... | 1990-03-14 |
115 | 61987CJ0177 | Sanyo Electric Co. Ltd v Council of the European Communities. | 43 | 1992-03-10 | 43 It should be borne in mind that, as the Court held in its judgment in C-156/87 Gestetner, at paragraph 63, the question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations and judicial review of such an appraisal must be limited to verifying whethe... | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 63 | 63 The question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations . As the Court has held, in particular in its judgment of 7 May 1987 in Case 255/84 Nachi Fujikoshi v Council (( 1987 )) ECR 1861, paragraph 21, judicial review of such an appraisal m... | 1990-03-14 |
116 | 61995CJ0013 | Ayse Süzen v Zehnacker Gebäudereinigung GmbH Krankenhausservice. | 13 | 1997-03-11 | 13 For the directive to be applicable, however, the transfer must relate to a stable economic entity whose activity is not limited to performing one specific works contract (Case C-48/94 Rygaard [1995] ECR I-2745, paragraph 20). The term entity thus refers to an organized grouping of persons and assets facilitating th... | 61994CJ0048 | Ledernes Hovedorganisation, acting for Ole Rygaard v Dansk Arbejdsgiverforening, acting for Strø Mølle Akustik A/S. | 20 | 20 The authorities cited above presuppose that the transfer relates to a stable economic entity whose activity is not limited to performing one specific works contract. | 1995-09-19 |
117 | 61995CJ0016 | Commission of the European Communities v Kingdom of Spain. | 8 | 1995-12-14 | 8 As regards Article 7(4) of the directive, it is established case-law that Member States are obliged to ensure that the provisions of a directive are applied exactly and in full (see, in particular, the judgment in Case C-287/91 Commission v Italy [1992] ECR I-3515, paragraph 7). | 61991CJ0287 | Commission of the European Communities v Italian Republic. | 7 | 7 The Court has consistently held that Member States are obliged to ensure that the provisions of a directive are applied exactly and in full (see, in particular, the judgments in Cases 91/79 and 92/79 Commission v Italy [1980] ECR 1099, at paragraph 6). | 1992-06-03 |
118 | 61995CJ0084 | Bosphorus Hava Yollari Turizm ve Ticaret AS v Minister for Transport, Energy and Communications and others. | 11 | 1996-07-30 | 11 As the Court has stated in its case-law, in interpreting a provision of Community law it is necessary to consider its wording, its context and its aims (Case 337/82 St. Nikolaus Brennerei v Hauptzollamt Krefeld [1984] ECR 1051, paragraph 10; Case C-83/94 Leifer and Others [1995] ECR I-3231, paragraph 22). | 61982CJ0337 | St. Nikolaus Brennerei und Likörfabrik, Gustav Kniepf-Melde GmbH v Hauptzollamt Krefeld. | 10 | 10 IN VIEW OF THE PROBLEMS RAISED BY THE INTERPRETATION OF ARTICLE 46 OF THE TREATY , IT IS NECESSARY , IN ORDER TO DETERMINE THE SCOPE OF THAT PROVISION , TO CONSIDER ITS WORDING , ITS CONTEXT AND ITS AIMS .
| 1984-02-21 |
119 | 61987CJ0178 | Minolta Camera Co. Ltd v Council of the European Communities. | 10 | 1992-03-10 | 10 As the Court has already held, in particular in its judgment in Case 250/85 Brother v Council [1988] ECR 5683, at paragraph 16, the division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which organizes ... | 61985CJ0250 | Brother Industries Ltd v Council of the European Communities. | 16 | 16 The division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which organizes in that way activities that, in other cases, are carried on by what is in legal terms as well a single entity . | 1988-10-05 |
120 | 61987CJ0178 | Minolta Camera Co. Ltd v Council of the European Communities. | 11 | 1992-03-10 | 11 Consequently, by including the selling, administrative and other general expenses of sales subsidiaries in the constructed normal value it is possible to avoid a situation where expenses necessarily included in the selling price of a product when it is sold by a sales department forming part of the manufacturer' s o... | 61985CJ0260 | Tokyo Electric Company Ltd (TEC) and others v Council of the European Communities. | 29 | 29 There would be discrimination if expenses necessarily included in the selling price of a product when it was sold by a sales department forming part of the manufacturer' s organization were not included when that product was sold by a company which, although financially controlled by the manufacturer, was a legally ... | 1988-10-05 |
121 | 61987CJ0178 | Minolta Camera Co. Ltd v Council of the European Communities. | 12 | 1992-03-10 | 12 It should next be observed that, according to the Court' s case-law (see inter alia the judgments in Case 240/84 Toyo v Council [1987] ECR 1809, at paragraph 13, Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, at paragraph 14, Case 258/84 Nippon Seiko v Council [1987] ECR 1923, at paragraph 14, and Case 260/8... | 61984CJ0255 | Nachi Fujikoshi Corporation v Council of the European Communities. | 14 | 14 IT MUST BE STATED FIRST THAT THE PROCEDURE FOR CALCULATING THE NORMAL VALUE IS LAID DOWN IN ARTICLE 2*(3 ) TO ( 7 ) OF REGULATION NO 3017/79, AND THE PROCEDURE FOR CALCULATING THE EXPORT PRICE IS LAID DOWN IN ARTICLE 2*(8 ) THEREOF . THOSE PROVISIONS SEPARATELY SPECIFY SEVERAL DIFFERENT METHODS FOR CALCULATING EACH ... | 1987-05-07 |
122 | 61987CJ0178 | Minolta Camera Co. Ltd v Council of the European Communities. | 12 | 1992-03-10 | 12 It should next be observed that, according to the Court' s case-law (see inter alia the judgments in Case 240/84 Toyo v Council [1987] ECR 1809, at paragraph 13, Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, at paragraph 14, Case 258/84 Nippon Seiko v Council [1987] ECR 1923, at paragraph 14, and Case 260/8... | 61984CJ0260 | Minebea Company Limited v Council of the European Communities. | 8 | 8 IT MUST BE STATED FIRSTLY THAT THE PROCEDURE FOR CALCULATING THE NORMAL VALUE IS LAID DOWN IN ARTICLE 2*(3 ) TO ( 7 ) OF REGULATION NO 3017/79, AND THE PROCEDURE FOR CALCULATING THE EXPORT PRICE IS LAID DOWN IN ARTICLE 2*(8 ) THEREOF . THOSE PROVISIONS SEPARATELY SPECIFY SEVERAL DIFFERENT METHODS FOR CALCULATING EACH... | 1987-05-07 |
123 | 61987CJ0178 | Minolta Camera Co. Ltd v Council of the European Communities. | 12 | 1992-03-10 | 12 It should next be observed that, according to the Court' s case-law (see inter alia the judgments in Case 240/84 Toyo v Council [1987] ECR 1809, at paragraph 13, Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, at paragraph 14, Case 258/84 Nippon Seiko v Council [1987] ECR 1923, at paragraph 14, and Case 260/8... | 61984CJ0240 | NTN Toyo Bearing Company Limited and others v Council of the European Communities. | 13 | 13 IT MUST BE STATED IN THE FIRST PLACE THAT THE PROCEDURE FOR CALCULATING THE NORMAL VALUE IS LAID DOWN IN ARTICLE 2*(3 ) TO ( 7 ) OF REGULATION NO 3017/79, AND THE PROCEDURE FOR CALCULATING THE EXPORT PRICE IS LAID DOWN IN ARTICLE 2*(8 ) THEREOF . THOSE PROVISIONS SEPARATELY SPECIFY SEVERAL DIFFERENT METHODS FOR CALC... | 1987-05-07 |
124 | 61995CJ0147 | Dimossia Epicheirissi Ilektrismou (DEI) v Efthimios Evrenopoulos. | 20 | 1997-04-17 | 20 Admittedly, the Court has recognized that the employment criterion cannot be regarded as exclusive, since pensions paid under statutory social security schemes may reflect, wholly or in part, pay in respect of work (Beune, cited above, paragraph 44). | 61993CJ0007 | Bestuur van het Algemeen Burgerlijk Pensioenfonds v G. A. Beune. | 44 | 44 Admittedly, as the Court has recognized ever since Defrenne I, the employment criterion cannot be regarded as exclusive. Thus, as regards the inception and determination of pension rights, the pensions paid by statutory social security schemes may reflect, wholly or in part, pay in respect of work, but nevertheless ... | 1994-09-28 |
125 | 61995CJ0167 | Maatschap M.J.M. Linthorst, K.G.P. Pouwels en J. Scheren c.s. v Inspecteur der Belastingdienst/Ondernemingen Roermond. | 11 | 1997-03-06 | 11 It follows that, when Article 9 is interpreted, Article 9(1) in no way takes precedence over Article 9(2). In every situation, the question which arises is whether it is covered by one of the instances mentioned in Article 9(2); if not, it falls within the scope of Article 9(1) (Dudda, paragraph 21). | 61994CJ0327 | Jürgen Dudda v Finanzgericht Bergisch Gladbach. | 21 | 21 It follows that, when Article 9 is interpreted, Article 9(1) in no way takes precedence over Article 9(2). In every situation, the question which arises is whether it is covered by one of the instances mentioned in Article 9(2); if not, it falls within the scope of Article 9(1). | 1996-09-26 |
126 | 61995CJ0242 | GT-Link A/S v De Danske Statsbaner (DSB). | 23 | 1997-07-17 | 23 The application of Article 86 of the Treaty by the national authorities is, in principle, governed by national procedural rules (Case C-60/92 Otto v Postbank [1993] ECR I-5683, paragraph 14). | 61992CJ0060 | Otto BV v Postbank NV. | 14 | 14 The application of Articles 85 and 86 of the Treaty by the national authorities is, in principle, governed by national procedural rules. Subject to the observance of Community law, and in particular its fundamental principles, it is therefore a matter for national law to define the appropriate procedural rules in or... | 1993-11-10 |
127 | 61987CJ0178 | Minolta Camera Co. Ltd v Council of the European Communities. | 12 | 1992-03-10 | 12 It should next be observed that, according to the Court' s case-law (see inter alia the judgments in Case 240/84 Toyo v Council [1987] ECR 1809, at paragraph 13, Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, at paragraph 14, Case 258/84 Nippon Seiko v Council [1987] ECR 1923, at paragraph 14, and Case 260/8... | 61984CJ0258 | Nippon Seiko KK v Council of the European Communities. | 14 | 14 IT MUST BE STATED FIRSTLY THAT THE PROCEDURE FOR CALCULATING THE NORMAL VALUE IS LAID DOWN IN ARTICLE 2*(3 ) TO ( 7 ) OF REGULATION NO 3017/79, AND THE PROCEDURE FOR CALCULATING THE EXPORT PRICE IS LAID DOWN IN ARTICLE 2*(8 ) THEREOF . THOSE PROVISIONS SEPARATELY SPECIFY SEVERAL DIFFERENT METHODS FOR CALCULATING EAC... | 1987-05-07 |
128 | 61987CJ0178 | Minolta Camera Co. Ltd v Council of the European Communities. | 18 | 1992-03-10 | 18 To achieve that objective the institutions may take into consideration either the profit margin realized on sales of the same manufacturer' s other models or the profit margin realized by another company (see the judgments in Joined Cases 277 and 300/85 Canon v Council [1988] ECR 5731, at paragraphs 21 and 22, and C... | 61985CJ0301 | Sharp Corporation v Council of the European Communities. | 8 | 8 It must be pointed out in the first place that, under Article 2 ( 3 ) ( b ) ( ii ) of Regulation No 2176/84, in constructing the normal value the addition for profit should "as a general rule, and provided that a profit is normally realized on sales of products of the same general category on the domestic market of t... | 1988-10-05 |
129 | 61987CJ0178 | Minolta Camera Co. Ltd v Council of the European Communities. | 22 | 1992-03-10 | 22 Lastly, as far as the inclusion of the profit realized by the sales subsidiaries in Japan is concerned, it is sufficient to observe that the institutions are not under any obligation to choose as the reasonable margin of profit, within the meaning of Article 2(3)(b)(ii) of Regulation No 2176/84, the profit margin of... | 61985CJ0273 | Silver Seiko Limited and others v Council of the European Communities. | 17 | 17 As regards calculation of the profit margin, it must be observed that, contrary to Silver Seiko' s opinion, the institutions were not under any obligation to choose as "the reasonable margin of profit", within the meaning of Article 2 ( 3 ) ( b ) ( ii ) of Regulation No 2176/84, the profit margin of the manufacturer... | 1988-10-05 |
130 | 61987CJ0179 | Sharp Corporation v Council of the European Communities. | 34 | 1992-03-10 | 34 It should be noted in this connection that when the same argument was relied on by the applicant in Case C-156/87 Gestetner, cited above, the Court pointed out at paragraph 57 that, with regard to imports of PPCs supplied by Fuji Xerox from Japan, the institutions took the view that Rank Xerox had not produced evide... | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 57 | 57 Secondly, with regard to imports of plain paper photocopiers supplied by Fuji Xerox from Japan, the Council and the Commission took the view that Rank Xerox had not produced evidence that it had been led to buy the machines on grounds of self-protection . According to the information obtained the decision was a mana... | 1990-03-14 |
131 | 61995CJ0242 | GT-Link A/S v De Danske Statsbaner (DSB). | 33 | 1997-07-17 | 33 The Court has previously had occasion to rule that any measure adopted by a Member State which maintains in force a statutory provision that creates a situation in which a public undertaking cannot avoid infringing Article 86 of the Treaty is incompatible with the rules of the Treaty (see, to that effect, Case C-41/... | 61990CJ0041 | Klaus Höfner and Fritz Elser v Macrotron GmbH. | 27 | 27 Consequently, any measure adopted by a Member State which maintains in force a statutory provision that creates a situation in which a public employment agency cannot avoid infringing Article 86 is incompatible with the rules of the Treaty. | 1991-04-23 |
132 | 61995CJ0242 | GT-Link A/S v De Danske Statsbaner (DSB). | 45 | 1997-07-17 | 45 The Court has already held that abusive practices which, like those at issue in the main proceedings, affect undertakings providing transport by sea between two Member States, may affect trade between Member States (Corsica Ferries, paragraph 44). | 61993CJ0018 | Corsica Ferries Italia Srl v Corpo dei Piloti del Porto di Genova. | 44 | 44 Inasmuch as the discriminatory practices referred to in the order for reference affect undertakings providing transport services between two Member States, they may affect trade between Member States. | 1994-05-17 |
133 | 61995CJ0242 | GT-Link A/S v De Danske Statsbaner (DSB). | 57 | 1997-07-17 | 57 The first point to note in that context is that even within the framework of Article 90, Article 86 has direct effect and confers on individuals rights which the national courts must protect (Case 155/73 Sacchi [1974] ECR 409, paragraph 18, and Merci Convenzionali Porto di Genova, paragraph 23). | 61973CJ0155 | Giuseppe Sacchi. | 18 | 18 THE NATIONAL COURT HAS IN EACH CASE TO ASCERTAIN THE EXISTENCE OF SUCH ABUSE AND THE COMMISSION HAS TO REMEDY IT WITHIN THE LIMITS OF ITS POWERS .
EVEN WITHIN THE FRAMEWORK OF ARTICLE 90, THEREFORE, THE PROHIBITIONS OF ARTICLE 86 HAVE A DIRECT EFFECT AND CONFER ON INTERESTED PARTIES RIGHTS WHICH THE NATIONAL COURTS ... | 1974-04-30 |
134 | 61987CJ0179 | Sharp Corporation v Council of the European Communities. | 38 | 1992-03-10 | 38 That argument cannot be accepted. As the Court held in its judgment in Case C-156/87 Gestetner, at paragraph 47, Olivetti and Océ imported PPCs from Japan so as to be able to offer their customers a full range of models. Those PPCs, falling within segments 1 and 2, were sold at higher prices than those charged by th... | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 47 | 47 According to the Council and the Commission, Olivetti and Océ imported plain paper photocopiers from Japan so as to be able to offer their customers a full range of models . Those photocopiers, falling within segments 1 and 2, were sold at higher prices than those charged by their suppliers and accounted for between... | 1990-03-14 |
135 | 61987CJ0179 | Sharp Corporation v Council of the European Communities. | 58 | 1992-03-10 | 58 It should be borne in mind that, as the Court held in its judgment in C-156/87 Gestetner, at paragraph 63, the question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations and judicial review of such an appraisal must be limited to verifying whethe... | 61987CJ0156 | Gestetner Holdings plc v Council and Commission of the European Communities. | 63 | 63 The question whether the interests of the Community call for Community intervention involves appraisal of complex economic situations . As the Court has held, in particular in its judgment of 7 May 1987 in Case 255/84 Nachi Fujikoshi v Council (( 1987 )) ECR 1861, paragraph 21, judicial review of such an appraisal m... | 1990-03-14 |
136 | 61987CJ0179 | Sharp Corporation v Council of the European Communities. | 8 | 1992-03-10 | 8 As the Court has already held, in particular in its judgment in Case 250/85 Brother v Council [1988] ECR 5683, at paragraph 16, the division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which organizes i... | 61985CJ0250 | Brother Industries Ltd v Council of the European Communities. | 16 | 16 The division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which organizes in that way activities that, in other cases, are carried on by what is in legal terms as well a single entity . | 1988-10-05 |
137 | 61987CJ0224 | Jean Koutchoumoff v Commission of the European Communities. | 7 | 1989-01-26 | 7 However, under Articles 90 and 91 of the Staff Regulations of Officials of the European Communities, an official may submit an appeal to the Court against a decision adversely affecting him taken by the appointing authority only after he has first submitted a complaint to that authority and that complaint has been re... | 61980CJ0260 | Ivar Andersen and others v Council of the European Communities. | 3 | 3 THE COUNCIL CONTESTS THE ADMISSIBILITY OF THE APPLICATION IN SO FAR AS IT IS DIRECTED AGAINST THE DECISION REJECTING THE COMPLAINT . THE APPLICANTS HAVE NO INTEREST IN TAKING ACTION AGAINST THAT DECISION SINCE ITS ANNULMENT WOULD IN NO WAY AFFECT THE SALARY STATEMENTS CALCULATED PURSUANT TO THE CONTESTED REGULATI... | 1984-01-19 |
138 | 61995CJ0368 | Vereinigte Familiapress Zeitungsverlags- und vertriebs GmbH v Heinrich Bauer Verlag. | 7 | 1997-06-26 | 7 The Court has consistently held that any measure capable of hindering, directly or indirectly, actually or potentially, intra-Community trade constitutes a measure having an effect equivalent to a quantitative restriction (Case 8/74 Procureur du Roi v Dassonville [1974] ECR 837, paragraph 5). | 61974CJ0008 | Procureur du Roi v Benoît and Gustave Dassonville. | 5 | 5 ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS . | 1974-07-11 |
139 | 61995CJ0383 | Petrus Wilhelmus Rutten v Cross Medical Ltd. | 12 | 1997-01-09 | 12 It is settled law (see, in particular, Case C-125/92 Mulox IBC v Hendrick Geels [1993] ECR I-4075, paragraph 10) that, in principle, the Court of Justice will interpret the terms of the Brussels Convention autonomously so as to ensure that it is fully effective, having regard to the objectives of Article 220 of the ... | 61992CJ0125 | Mulox IBC Ltd v Hendrick Geels. | 10 | 10 It is settled case-law that, as far as possible, the Court of Justice will interpret the terms of the Convention autonomously so as to ensure that it is fully effective having regard to the objectives of Article 220 of the EEC Treaty, for the implementation of which it was adopted. | 1993-07-13 |
140 | 61996CJ0145 | Bernd von Hoffmann v Finanzamt Trier. | 16 | 1997-09-16 | 16 The first question which arises, therefore, is whether the services of an arbitrator fall within the category of those principally and habitually carried out as part of the professions listed in Article 9(2)(e), third indent, of the Directive (Case C-167/95 Linthorst, Pouwels and Scheres v Inspecteur der Belastingdi... | 61995CJ0167 | Maatschap M.J.M. Linthorst, K.G.P. Pouwels en J. Scheren c.s. v Inspecteur der Belastingdienst/Ondernemingen Roermond. | 18 | 18 It should therefore be held that the services principally and habitually provided by a veterinary surgeon do not fall within the fourth indent of Article 9(2)(c) of the Sixth Directive either. | 1997-03-06 |
141 | 61987CJ0224 | Jean Koutchoumoff v Commission of the European Communities. | 7 | 1989-01-26 | 7 However, under Articles 90 and 91 of the Staff Regulations of Officials of the European Communities, an official may submit an appeal to the Court against a decision adversely affecting him taken by the appointing authority only after he has first submitted a complaint to that authority and that complaint has been re... | 61980CJ0260 | Ivar Andersen and others v Council of the European Communities. | 4 | 4 THAT OBJECTION MUST BE DISMISSED . IN STAFF CASES WHERE IT IS A RULE THAT A COMPLAINT MUST NECESSARILY BE MADE BEFORE AN ACTION IS BROUGHT THE APPLICANTS ' INTEREST IN SEEKING ANNULMENT OF THE DECISION REJECTING THEIR COMPLAINT AT THE SAME TIME AS THE MEASURE ADVERSELY AFFECTING THEM CANNOT BE DENIED WHATEVER THE SP... | 1984-01-19 |
142 | 61987CJ0290 | Commission of the European Communities v Kingdom of the Netherlands. | 11 | 1989-10-05 | 11 That argument cannot by itself provide grounds for a declaration that a Member State has failed to fulfil its obligations; in proceedings brought under Article 169 of the Treaty the Commission is required to prove the allegation that the obligation has not been fulfilled and may not rely on any presumption ( see the... | 61981CJ0096 | Commission of the European Communities v Kingdom of the Netherlands. | 6 | 6 IT SHOULD BE EMPHASIZED THAT , IN PROCEEDINGS UNDER ARTICLE 169 OF THE EEC TREATY FOR FAILURE TO FULFIL AN OBLIGATION , IT IS INCUMBENT UPON THE COMMISSION TO PROVE THE ALLEGATION THAT THE OBLIGATION HAS NOT BEEN FULFILLED . IT IS THE COMMISSION ' S RESPONSIBILITY TO PLACE BEFORE THE COURT THE INFORMATION NEEDED TO E... | 1982-05-25 |
143 | 61987CJ0347 | Triveneta Zuccheri SpA and others v Commission of the European Communities. | 14 | 1990-03-22 | 14 At the hearing, the applicant undertakings further explained that the Italian measure in issue must be regarded as consisting of the reimbursement of a sum withheld from Italian sugar traders under national rules contrary to Community law, and in this connection they rely on the judgment of 10 July 1980 in Case 811/... | 61979CJ0811 | Amministrazione delle finanze dello Stato v Ariete SpA. | 15 | 15 THOSE PROVISIONS HAVE BASICALLY BEEN GIVEN SPECIFIC FORM ON THE ONE HAND IN THE RULES APPLYING TO UNDERTAKINGS ( ARTICLES 85 TO 90 OF THE EEC TREATY ) AND ON THE OTHER HAND IN THOSE ON AIDS GRANTED BY STATES ( ARTICLES 90 TO 94 OF THE EEC TREATY ). THE FIRST CANNOT APPLY IN THE RELATIONS BETWEEN UNDERTAKINGS AND THE... | 1980-07-10 |
144 | 61987CJ0349 | Elissavet Paraschi v Landesversicherungsanstalt Württemberg. | 22 | 1991-10-04 | 22 It must then be pointed out that although, as the Court has held, Article 51 of the Treaty leaves in being differences between the social security systems of the Member States and hence in the rights of the people working there (Case C-227/89 Roenfeldt [1991] ECR I-323), it is also settled that the aim of Articles 4... | 61990CJ0010 | Maria Masgio v Bundesknappschaft. | 18 | 18 More specifically, the Court has accepted that the aim of Articles 48 to 51 of the Treaty would not be attained if, as a consequence of the exercise of their right to freedom of movement, migrant workers were to lose the advantages in the field of social security guaranteed to them by the laws of a single Member Sta... | 1991-03-07 |
145 | 61996CJ0301 | Federal Republic of Germany v Commission of the European Communities. | 65 | 2003-09-30 | 65. Since that provision was not repealed after the reunification of Germany either by the Treaty on European Union or by the Treaty of Amsterdam, it cannot, in the light of the objective scope of the rules of Community law, be presumed that it has been devoid of purpose since that reunification (see Case C-156/98 Ger... | 61998CJ0156 | Federal Republic of Germany v Commission of the European Communities. | 47 | 47 After the reunification of Germany that provision was not repealed either by the Treaty on European Union or by the Treaty of Amsterdam. | 2000-09-19 |
146 | 61987CJ0349 | Elissavet Paraschi v Landesversicherungsanstalt Württemberg. | 23 | 1991-10-04 | 23 It is apparent from the judgment in Case 1/78 Kenny v Insurance Officer [1978] ECR 1489, paragraph 17, that that consequence may arise if the national legislature defines the conditions for the acquisition or retention of the right to benefits in such a way that they can in fact be fulfilled only by nationals of the... | 61978CJ0001 | Patrick Christopher Kenny v Insurance Officer. | 17 | 17IT WOULD ONLY BE OTHERWISE IF THE CONDITIONS FOR THE ACQUISITION OR RETENTION OF THE RIGHT WERE DEFINED IN SUCH A WAY THAT THEY COULD IN FACT BE FULFILLED ONLY BY NATIONALS OR IF THE CONDITIONS FOR LOSS OR SUSPENSION OF THE RIGHT WERE DEFINED IN SUCH A WAY THAT THEY WOULD IN FACT MORE EASILY BE SATISFIED BY NATIONALS... | 1978-06-28 |
147 | 61987CJ0360 | Commission of the European Communities v Italian Republic. | 13 | 1991-02-28 | 13 As regards the argument of the Italian Republic to the effect that its legislation in practice eliminates the risk of indirect discharge, it should be observed that, as the Court held in its judgment in Case C-339/87 Commission v Netherlands [1990] ECR I-851, at paragraph 25, in order to secure the full implementati... | 61987CJ0339 | Commission of the European Communities v Kingdom of the Netherlands. | 25 | 25 The Netherlands Government' s argument cannot be upheld . In fact, it is common ground that the seeking, the collection and the possession of eggs of the wood pigeon, the carrion crow, the jackdaw, the jay and the magpie, which are authorized under the national legislation, are contrary to Article 5(c ) of the direc... | 1990-03-15 |
148 | 61987CJ0360 | Commission of the European Communities v Italian Republic. | 26 | 1991-02-28 | 26 The provisions relied on by the Italian Republic provide only for vague and general measures which cannot be regarded as implementing the article in question with the requisite precision and clarity to satisfy fully the demands of legal certainty (see the judgment in Case 291/84 Commission v Netherlands [1987] ECR 3... | 61984CJ0291 | Commission of the European Communities v Kingdom of the Netherlands. | 15 | 15 IT SHOULD FIRST BE OBSERVED THAT THE PROVISIONS OF NETHERLANDS LAW WHICH WERE ADOPTED AFTER THE DATE ON WHICH THE ACTION WAS BROUGHT CANNOT BE TAKEN INTO ACCOUNT . FURTHERMORE, EVEN ON THE ASSUMPTION THAT THE SCOPE OF THE REMAINING PROVISIONS IS AS DESCRIBED BY THE NETHERLANDS GOVERNMENT, NOT ONLY DO THEY RELATE ONL... | 1987-09-17 |
149 | 61987CJ0368 | Lieselotte Hartmann Troiani v Landesversicherungsanstalt Rheinprovinz. | 21 | 1989-05-18 | 21 It is true, as the Court ruled in its judgment of 25 February 1986 in Case 284/84 Spruyt v Sociale Verzekeringsbank (( 1986 )) ECR 685, paragraph 19, that the aim of Articles 48 and 51 of the Treaty would not be attained if, as a consequence of the exercise of their right to freedom of movement, workers were to lose... | 61984CJ0284 | L. A. Spruyt v Bestuur van de Sociale Verzekeringsbank. | 19 | 19 ARTICLE 51 REQUIRES THE COUNCIL TO ADOPT SUCH MEASURES IN THE FIELD OF SOCIAL SECURITY AS ARE NECESSARY TO PROVIDE FREEDOM OF MOVEMENT FOR WORKERS BY SECURING , INTER ALIA , PAYMENT OF BENEFITS FOR PERSONS RESIDENT IN THE TERRITORIES OF THE MEMBER STATES . THE AIM OF ARTICLES 48 TO 51 WOULD NOT BE ATTAINED IF , AS A... | 1986-02-25 |
150 | 61996CJ0301 | Federal Republic of Germany v Commission of the European Communities. | 66 | 2003-09-30 | 66. However, since it constitutes a derogation from the general principle laid down in Article 92(1) of the Treaty that State aid is incompatible with the common market, Article 92(2)(c) must be interpreted narrowly (Case C-156/98 Germany v Commission , paragraph 49). | 61998CJ0156 | Federal Republic of Germany v Commission of the European Communities. | 49 | 49 It should, however, be noted that since it constitutes a derogation from the general principle, laid down in Article 92(1) of the Treaty, that State aid is incompatible with the common market, Article 92(2)(c) must be construed narrowly. | 2000-09-19 |
151 | 61996CJ0301 | Federal Republic of Germany v Commission of the European Communities. | 92 | 2003-09-30 | 92. In view of this context, the contested decision could be reasoned in a summary manner (Case 73/74 Papiers Peints and Others v Commission [1975] ECR 1491, paragraph 31, and Case C-156/98 Germany v Commission , paragraph 105). | 61974CJ0073 | Groupement des fabricants de papiers peints de Belgique and others v Commission of the European Communities. | 31 | 31 ALTHOUGH A DECISION WHICH FITS INTO A WELL-ESTABLISHED LINE OF DECISIONS MAY BE REASONED IN A SUMMARY MANNER, FOR EXAMPLE BY A REFERENCE TO THOSE DECISIONS, IF IT GOES APPRECIABLY FURTHER THAN THE PREVIOUS DECISIONS, THE COMMISSION MUST GIVE AN ACCOUNT OF ITS REASONING . | 1975-11-26 |
152 | 61996CJ0390 | Lease Plan Luxembourg SA v Belgian State. | 25 | 1998-05-07 | 25 In that regard, the Court noted at paragraph 18 of ARO Lease that the services supplied in the leasing of vehicles consist principally in negotiating, drawing up, signing and administering the relevant agreements and in making the vehicles concerned, which remain the property of the leasing company, physically avail... | 61995CJ0190 | ARO Lease BV v Inspecteur van de Belastingdienst Grote Ondernemingen te Amsterdam. | 18 | 18 The services supplied in the leasing of vehicles, it must be noted, consist principally in negotiating, drawing up, signing and administering the relevant agreements and in making the vehicles concerned, which remain the property of the leasing company, physically available to customers. | 1997-07-17 |
153 | 61987CJ0368 | Lieselotte Hartmann Troiani v Landesversicherungsanstalt Rheinprovinz. | 21 | 1989-05-18 | 21 It is true, as the Court ruled in its judgment of 25 February 1986 in Case 284/84 Spruyt v Sociale Verzekeringsbank (( 1986 )) ECR 685, paragraph 19, that the aim of Articles 48 and 51 of the Treaty would not be attained if, as a consequence of the exercise of their right to freedom of movement, workers were to lose... | 61979CJ0110 | Una Coonan v Insurance Officer. | 12 | 12 THE EFFECT OF THOSE TWO PROVISIONS WHEN READ TOGETHER IS THAT IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME OR TO A PARTICULAR BRANCH UNDER SUCH A SCHEME PROVIDED ALWAYS THAT IN THIS CONNEXION THERE IS N... | 1980-04-24 |
154 | 61987CJ0368 | Lieselotte Hartmann Troiani v Landesversicherungsanstalt Rheinprovinz. | 21 | 1989-05-18 | 21 It is true, as the Court ruled in its judgment of 25 February 1986 in Case 284/84 Spruyt v Sociale Verzekeringsbank (( 1986 )) ECR 685, paragraph 19, that the aim of Articles 48 and 51 of the Treaty would not be attained if, as a consequence of the exercise of their right to freedom of movement, workers were to lose... | 61986CJ0043 | Bestuur van de Sociale Verzekeringsbank v J. A. de Rijke and L. A. C. de Rijke-Van Gent. | 12 | 12 IT SHOULD BE POINTED OUT FIRST OF ALL THAT, AS THE COURT HELD IN ITS JUDGMENT OF 24 APRIL 1980 IN CASE 110/79 COONAN V INSURANCE OFFICER (( 1980 )) ECR 1445, IT IS FOR THE LEGISLATURE OF EACH MEMBER STATE TO LAY DOWN THE CONDITIONS CREATING THE RIGHT OR THE OBLIGATION TO BECOME AFFILIATED TO A SOCIAL SECURITY SCHEME... | 1987-09-24 |
155 | 61987CJ0374 | Orkem v Commission of the European Communities. | 33 | 1989-10-18 | 33 In that connection, the Court observed recently, in its judgment of 21 September 1989in Joined Cases 46/87 and 227/88 Hoechst v Commission (( 1989 )) ECR 2859, paragraph 15, that whilst it is true that the rights of the defence must be observed in administrative procedures which may lead to the imposition of penalti... | 61987CJ0046 | Hoechst AG v Commission of the European Communities. | 15 | 15 In that judgment, the Court pointed out that the rights of the defence must be observed in administrative procedures which may lead to the imposition of penalties . But it is also necessary to prevent those rights from being irremediably impaired during preliminary inquiry procedures including, in particular, invest... | 1989-09-21 |
156 | 61996CJ0390 | Lease Plan Luxembourg SA v Belgian State. | 34 | 1998-05-07 | 34 However, it is settled law that discrimination can arise only through the application of different rules to comparable situations or the application of the same rule to different situations (see, inter alia, Case C-279/93 Finanzamt Köln-Altstadt v Schumacker [1995] ECR I-225, paragraph 30). | 61993CJ0279 | Finanzamt Köln-Altstadt v Roland Schumacker. | 30 | 30 It is also settled law that discrimination can arise only through the application of different rules to comparable situations or the application of the same rule to different situations. | 1995-02-14 |
157 | 61997CJ0243 | Hellenic Republic v Commission of the European Communities. | 14 | 2000-07-13 | 14 The pleas in law and arguments put forward by the Greek Government to justify the regularity of the expenditure correspond essentially to those put forward in Greece v Commission (Case C-46/97) in respect of the clearance of the accounts for 1992. As the Court has rejected those pleas and arguments in paragraphs 4 t... | 61997CJ0046 | Hellenic Republic v Commission of the European Communities. | 6 | 6 The Greek Government contends that the complaints formulated in the summary report are unfounded. | 2000-07-13 |
158 | 61997CJ0243 | Hellenic Republic v Commission of the European Communities. | 14 | 2000-07-13 | 14 The pleas in law and arguments put forward by the Greek Government to justify the regularity of the expenditure correspond essentially to those put forward in Greece v Commission (Case C-46/97) in respect of the clearance of the accounts for 1992. As the Court has rejected those pleas and arguments in paragraphs 4 t... | 61997CJ0046 | Hellenic Republic v Commission of the European Communities. | 9 | 9 It should be pointed out, first, that pursuant to Regulation No 3453/80, the Greek Government was required to establish the register of olive cultivation by no later than 31 October 1988. | 2000-07-13 |
159 | 61988CJ0006 | Kingdom of Spain and French Republic v Commission of the European Communities. | 14 | 1989-11-14 | 14 In order to determine whether the Commission was competent to adopt the contested regulation on the basis of that provision, regard must first be had to the fact that, as the Court has held ( see judgment of 17 December 1970 in Case 25/70 Einfuhr - und Vorratsstelle fuer Getreide und Futtermittel v Koester (( 1970 )... | 61970CJ0025 | Einfuhr- und Vorratsstelle für Getreide und Futtermittel v Köster and Berodt & Co. | 16 | 16 THESE VARIOUS PROVISIONS MUST BE INTERPRETED IN THE LIGHT OF THE SCHEME AND OBJECTIVES BOTH OF ARTICLE 16 AND OF REGULATION NO 19 AS A WHOLE . ARTICLE 16 ( 1 ) REVEALS THE INTENTION TO ESTABLISH A SYSTEM INTENDED TO GOVERN INDISCRIMINATELY IMPORTS AND EXPORTS OF ALL THE PRODUCTS SUBJECTED TO AN ORGANIZATION OF THE M... | 1970-12-17 |
160 | 61988CJ0016 | Commission of the European Communities v Council of the European Communities. | 12 | 1989-10-24 | 12 Under the system established by the Treaty as it stood before the Single European Act, the Court ruled, in its judgment of 17 December 1970 in Case 25/70 Einfuhr - und Vorratsstelle v Koester (( 1970 )) ECR 1161, paragraphs 9 and 10, that if the Council could confer implementing powers on the Commission under Articl... | 61970CJ0025 | Einfuhr- und Vorratsstelle für Getreide und Futtermittel v Köster and Berodt & Co. | 9 | 9 ARTICLE 155 PROVIDES THAT THE COMMISSION SHALL EXERCISE THE POWERS CONFERRED ON IT BY THE COUNCIL FOR THE IMPLEMENTATION OF THE RULES LAID DOWN BY THE LATTER . THIS PROVISION, THE USE OF WHICH IS OPTIONAL, ENABLES THE COUNCIL TO DETERMINE ANY DETAILED RULES TO WHICH THE COMMISSION IS SUBJECT IN EXERCISING THE POWER C... | 1970-12-17 |
161 | 61988CJ0016 | Commission of the European Communities v Council of the European Communities. | 12 | 1989-10-24 | 12 Under the system established by the Treaty as it stood before the Single European Act, the Court ruled, in its judgment of 17 December 1970 in Case 25/70 Einfuhr - und Vorratsstelle v Koester (( 1970 )) ECR 1161, paragraphs 9 and 10, that if the Council could confer implementing powers on the Commission under Articl... | 61970CJ0025 | Einfuhr- und Vorratsstelle für Getreide und Futtermittel v Köster and Berodt & Co. | 10 | 10 THE LEGALITY OF THE SO-CALLED MANAGEMENT COMMITTEE PROCEDURE, AS ESTABLISHED BY ARTICLES 25 AND 26 OF REGULATION NO 19, CANNOT THEREFORE BE DISPUTED IN THE CONTEXT OF THE INSTITUTIONAL STRUCTURE OF THE COMMUNITY . | 1970-12-17 |
162 | 61988CJ0018 | Régie des télégraphes et des téléphones v GB-Inno-BM SA. | 17 | 1991-12-13 | 17 The Court has consistently held that an undertaking vested with a legal monopoly may be regarded as occupying a dominant position within the meaning of Article 86 of the Treaty and that the territory of a Member State to which that monopoly extends may constitute a substantial part of the common market (judgments in... | 61989CJ0260 | Elliniki Radiophonia Tiléorassi AE and Panellinia Omospondia Syllogon Prossopikou v Dimotiki Etairia Pliroforissis and Sotirios Kouvelas and Nicolaos Avdellas and others. | 31 | 31 In that respect it should be borne in mind that an undertaking which has a statutory monopoly may be regarded as having a dominant position within the meaning of Article 86 of the Treaty (see the judgment in Case C-311/84 CBEM, COT IPB [1985] ECR 3261, paragraph 16) and that the territory of a Member State over whic... | 1991-06-18 |
163 | 61997CJ0243 | Hellenic Republic v Commission of the European Communities. | 14 | 2000-07-13 | 14 The pleas in law and arguments put forward by the Greek Government to justify the regularity of the expenditure correspond essentially to those put forward in Greece v Commission (Case C-46/97) in respect of the clearance of the accounts for 1992. As the Court has rejected those pleas and arguments in paragraphs 4 t... | 61997CJ0046 | Hellenic Republic v Commission of the European Communities. | 10 | 10 Second, it should be observed that Greece did not comply with that deadline and during the 1992 financial year there was still no register of olive cultivation. | 2000-07-13 |
164 | 61997CJ0243 | Hellenic Republic v Commission of the European Communities. | 14 | 2000-07-13 | 14 The pleas in law and arguments put forward by the Greek Government to justify the regularity of the expenditure correspond essentially to those put forward in Greece v Commission (Case C-46/97) in respect of the clearance of the accounts for 1992. As the Court has rejected those pleas and arguments in paragraphs 4 t... | 61997CJ0046 | Hellenic Republic v Commission of the European Communities. | 12 | 12 In those circumstances, it cannot be accepted that it was absolutely impossible to comply with the requirements arising under Regulation No 3453/80. | 2000-07-13 |
165 | 61988CJ0018 | Régie des télégraphes et des téléphones v GB-Inno-BM SA. | 17 | 1991-12-13 | 17 The Court has consistently held that an undertaking vested with a legal monopoly may be regarded as occupying a dominant position within the meaning of Article 86 of the Treaty and that the territory of a Member State to which that monopoly extends may constitute a substantial part of the common market (judgments in... | 61990CJ0041 | Klaus Höfner and Fritz Elser v Macrotron GmbH. | 28 | 28 It must be remembered, first, that an undertaking vested with a legal monopoly may be regarded as occupying a dominant position within the meaning of Article 86 of the Treaty (see judgment in Case 311/84 CBEM [1985] 3261) and that the territory of a Member State, to which that monopoly extends, may constitute a subs... | 1991-04-23 |
166 | 61988CJ0018 | Régie des télégraphes et des téléphones v GB-Inno-BM SA. | 25 | 1991-12-13 | 25 A system of undistorted competition, as laid down in the Treaty, can be guaranteed only if equality of opportunity is secured as between the various economic operators. To entrust an undertaking which markets terminal equipment with the task of drawing up the specifications for such equipment, monitoring their appli... | 61988CJ0202 | French Republic v Commission of the European Communities. | 51 | 51 It should be observed that a system of undistorted competition, as laid down in the Treaty, can be guaranteed only if equality of opportunity is secured as between the various economic operators. To entrust an undertaking which markets terminal equipment with the task of drawing up the specifications for such equipm... | 1991-03-19 |
167 | 61988CJ0018 | Régie des télégraphes et des téléphones v GB-Inno-BM SA. | 26 | 1991-12-13 | 26 In those circumstances, the maintenance of effective competition and the guaranteeing of transparency require that the drawing up of technical specifications, the monitoring of their application, and the granting of type-approval must be carried out by a body which is independent of public or private undertakings of... | 61988CJ0202 | French Republic v Commission of the European Communities. | 52 | 52 Consequently, the Commission was justified in seeking to entrust responsibility for drawing up technical specifications, monitoring their application and granting type-approval to a body independent of public or private undertakings offering competing goods and/or services in the telecommunications sector.
3. Legali... | 1991-03-19 |
168 | 61988CJ0018 | Régie des télégraphes et des téléphones v GB-Inno-BM SA. | 34 | 1991-12-13 | 34 It is apparent from the judgment in Case 178/84 Commission v Germany [1987] ECR 1227, paragraph 46, that it must be open to traders to challenge before the courts an unjustified failure to grant authorization for imports. The same possibility must exist with regard to decisions refusing to grant type-approval since ... | 61984CJ0178 | Commission of the European Communities v Federal Republic of Germany. | 46 | 46 IT SHOULD BE POINTED OUT THAT IT MUST BE OPEN TO TRADERS TO CHALLENGE BEFORE THE COURTS AN UNJUSTIFIED FAILURE TO GRANT AUTHORIZATION . WITHOUT PREJUDICE TO THE RIGHT OF THE COMPETENT NATIONAL AUTHORITIES OF THE IMPORTING MEMBER STATE TO ASK TRADERS TO PRODUCE THE INFORMATION IN THEIR POSSESSION WHICH MAY BE USEFUL ... | 1987-03-12 |
169 | 61988CJ0021 | Du Pont de Nemours Italiana SpA v Unità sanitaria locale Nº 2 di Carrara. | 8 | 1990-03-20 | 8 It must be stated in limine that, as the Court has consistently held since the judgment in Dassonville ( judgment of 11 July 1974 in Case 8/74 Procureur du Roi v Dassonville (( 1974 )) ECR 837, paragraph 5 ), Article 30, by prohibiting as between Member States measures having an effect equivalent to quantitative rest... | 61974CJ0008 | Procureur du Roi v Benoît and Gustave Dassonville. | 5 | 5 ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS . | 1974-07-11 |
170 | 61997CJ0243 | Hellenic Republic v Commission of the European Communities. | 14 | 2000-07-13 | 14 The pleas in law and arguments put forward by the Greek Government to justify the regularity of the expenditure correspond essentially to those put forward in Greece v Commission (Case C-46/97) in respect of the clearance of the accounts for 1992. As the Court has rejected those pleas and arguments in paragraphs 4 t... | 61997CJ0046 | Hellenic Republic v Commission of the European Communities. | 19 | 19 According to Article 14(1) of Regulation No 2261/84, each producer Member State is to apply a system of checks to ensure that the product in respect of which aid is granted is eligible for such aid. | 2000-07-13 |
171 | 61997CJ0301 | Kingdom of the Netherlands v Council of the European Union. | 43 | 2001-11-22 | 43 It should be pointed out in this respect that Community legislation must be certain and its application foreseeable by those subject to it (see, to that effect, Case 325/85 Ireland v Commission [1987] ECR 5041, paragraph 18). | 61985CJ0325 | Ireland v Commission of the European Communities. | 18 | 18 MOREOVER, AS THE COURT HAS REPEATEDLY HELD, COMMUNITY LEGISLATION MUST BE CERTAIN AND ITS APPLICATION FORESEEABLE BY THOSE SUBJECT TO IT . THAT REQUIREMENT OF LEGAL CERTAINTY MUST BE OBSERVED ALL THE MORE STRICTLY IN THE CASE OF RULES LIABLE TO ENTAIL FINANCIAL CONSEQUENCES, IN ORDER THAT THOSE CONCERNED MAY KNOW PR... | 1987-12-15 |
172 | 61997CJ0349 | Kingdom of Spain v Commission of the European Communities. | 273 | 2003-05-08 | 273. The Court has consistently held that so far as the amount of the financial correction is concerned, the Commission may refuse to charge to the EAGGF even the whole of the expenditure in question if it finds that there are no adequate control procedures (see Case C-242/97 Belgium v Commission [2000] ECR I-3421,... | 61997CJ0242 | Kingdom of Belgium v Commission of the European Communities. | 122 | 122 It must be observed, first, that so far as the amount of the financial correction is concerned, the Commission may even refuse to charge to the EAGGF the whole of the expenditure in question if it finds that there are no adequate control procedures. | 2000-05-18 |
173 | 61988CJ0022 | Industrie- en Handelsonderneming Vreugdenhil BV and Gijs van der Kolk - Douane Expediteur BV v Minister van Landbouw en Visserij. | 16 | 1989-06-29 | 16 In this regard it should be noted that the Court has consistently held ( see, most recently, the judgment of 11 March 1987 in Joined Cases 279, 280, 285 and 286/84 Rau and Others v Commission (( 1987 )) ECR 1069, paragraph 14, and the judgment of 8 June 1989 in Case 167/88 Association générale des producteurs de blé... | 61988CJ0167 | Association générale des producteurs de blé et autres céréales (AGPB) v Office national interprofessionnel des céréales (ONIC). | 15 | 15 As the Court has consistently held ( see, in particular, the judgment of 11 March 1987 in Joined Cases 279, 280, 285 and 286/84 Rau and Others v Commission (( 1987 )) ECR 1069 ), the Commission' s implementing powers under the common agricultural policy must be given a wide interpretation . Since only the Commission... | 1989-06-08 |
174 | 61988CJ0030 | Hellenic Republic v Commission of the European Communities. | 12 | 1989-11-14 | 12 It must be pointed out first of all that as the Court has consistently held ( see, most recently, the judgment of 30 September 1987 in Case 12/86 Demirel v Stadt Schwaebish Gmuend (( 1987 )) ECR 3719, paragraph 7 ), the provisions of an agreement concluded by the Council under Articles 228 and 238 of the Treaty form... | 61986CJ0012 | Meryem Demirel v Stadt Schwäbisch Gmünd. | 7 | 7 IT SHOULD FIRST BE POINTED OUT THAT, AS THE COURT HELD IN ITS JUDGMENT OF 30 APRIL 1974 IN CASE 181/73 HAEGEMAN V BELGIUM (( 1974 )) ECR 449, AN AGREEMENT CONCLUDED BY THE COUNCIL UNDER ARTICLES 228 AND 238 OF THE TREATY IS, AS FAR AS THE COMMUNITY IS CONCERNED, AN ACT OF ONE OF THE INSTITUTIONS OF THE COMMUNITY WITH... | 1987-09-30 |
175 | 61988CJ0030 | Hellenic Republic v Commission of the European Communities. | 13 | 1989-11-14 | 13 For the attainment of the objectives laid down by the EEC-Turkey Association Agreement and in the circumstances provided for by that agreement, Article 22 thereof confers a power of decision on the Association Council . With regard to Decision No 2/80, the Court has already held in its judgment of 27 September 1988 ... | 61986CJ0204 | Hellenic Republic v Council of the European Communities. | 20 | 20 In contrast, the fact that those negotiations resulted in Decision No 2/80 of the Association Council indicates that the Community' s offer "to grant Turkey exceptional aid totalling 75 million European units of account" was accepted by Turkey . By providing for cooperation with regard to "... the implementation of ... | 1988-09-27 |
176 | 61988CJ0035 | Commission of the European Communities v Hellenic Republic. | 29 | 1990-07-12 | 29 With regard to whether such State intervention is compatible with Regulation No 2727/75, it should be noted that the common organizations of the markets are based on the concept of an open market to which every producer has free access under genuinely competitive conditions and the functioning of which is regulated ... | 61987CJ0281 | Commission of the European Communities v Hellenic Republic. | 16 | 16 The Court has held ( see, inter alia, the judgments of 28 November 1978 in Case 83/78 Pigs Marketing Board v Redmond (( 1978 )) ECR 2347, and of 17 January 1980 in Joined Cases 95 and 96/79 Procureur du Roi v Kefer and Delmelle (( 1980 )) ECR 103 ) that the common organizations of the markets are based on the concep... | 1989-11-29 |
177 | 61998CJ0036 | Kingdom of Spain v Council of the European Union. | 59 | 2001-01-30 | 59 If examination of a Community measure reveals that it pursues a twofold purpose or that it has a twofold component and if one of these is identifiable as the main or predominant purpose or component, whereas the other is merely incidental, the act must be based on a single legal basis, namely that required by the ma... | 61997CJ0042 | European Parliament v Council of the European Union. | 39 | 39 In that connection, it is not sufficient for the contested decision to pursue a twofold purpose or for an analysis of its content to disclose the existence of a twofold component. | 1999-02-23 |
178 | 61998CJ0224 | Marie-Nathalie D'Hoop v Office national de l'emploi. | 36 | 2002-07-11 | 36 The condition at issue could be justified only if it were based on objective considerations independent of the nationality of the persons concerned and were proportionate to the legitimate aim of the national provisions (Bickel and Franz, paragraph 27). | 61996CJ0274 | Criminal proceedings against Horst Otto Bickel and Ulrich Franz. | 27 | 27 A residence requirement of that kind can be justified only if it is based on objective considerations independent of the nationality of the persons concerned and is proportionate to the legitimate aim of the national provisions (see, to that effect, Case C-15/96 Schöning-Kougebetopoulou [1998] ECR I-47, paragraph 21... | 1998-11-24 |
179 | 61988CJ0040 | Paul F. Weber (in liquidation) v Milchwerke Paderborn-Rimbeck eG. | 13 | 1989-05-25 | 13 In order to reply to those questions it should be pointed out, first, that according to settled case-law ( see, for example, the judgments of 23 March 1972 in Case 36/71 Henck v Hauptzollamt Emden (( 1972 )) ECR 187, paragraph 4, and of 26 September 1985 in Case 166/84 Thomasduenger v Oberfinanzdirection Frankfurt a... | 61984CJ0166 | Thomasdünger GmbH v Oberfinanzdirektion Frankfurt am Main. | 13 | 13 AS THE COURT HAS REPEATEDLY HELD , THE DECISIVE CRITERION FOR THE CLASSIFICATION OF GOODS FOR CUSTOMS PURPOSES IS IN GENERAL TO BE SOUGHT IN THEIR CHARACTERISTICS AND OBJECTIVE PROPERTIES AS DEFINED IN THE WORDING OF THE RELEVANT HEADING OF THE COMMON CUSTOMS TARIFF AND OF THE NOTES TO THE SECTIONS OR CHAPTERS .
| 1985-09-26 |
180 | 61988CJ0040 | Paul F. Weber (in liquidation) v Milchwerke Paderborn-Rimbeck eG. | 13 | 1989-05-25 | 13 In order to reply to those questions it should be pointed out, first, that according to settled case-law ( see, for example, the judgments of 23 March 1972 in Case 36/71 Henck v Hauptzollamt Emden (( 1972 )) ECR 187, paragraph 4, and of 26 September 1985 in Case 166/84 Thomasduenger v Oberfinanzdirection Frankfurt a... | 61971CJ0036 | Günter Henck v Hauptzollamt Emden. | 4 | 4 IN THE INTERESTS OF LEGAL CERTAINTY AND OF ADMINISTRATION THE CLASSIFICATION OF GOODS IN THE COMMON CUSTOMS TARIFF IS IN PRINCIPLE CARRIED OUT ON THE BASIS OF THEIR OBJECTIVE CHARACTERISTICS . THE WORDING OF HEADING 23.07 TO WHICH REGULATION NO 19/62 REFERS ATTRIBUTES DECISIVE IMPORTANCE TO THE FACT THAT THE RELEVANT... | 1972-03-23 |
181 | 61988CJ0040 | Paul F. Weber (in liquidation) v Milchwerke Paderborn-Rimbeck eG. | 14 | 1989-05-25 | 14 With regard to the question whether the method of manufacture of the product has an effect on classification for customs purposes, the Court has already decided ( see the judgment of 16 December 1976 in Case 38/76 Industriemetall LUMA v Hauptzollamt Duisburg (( 1976 )) ECR 2027, paragraph 7 ) that whilst the Customs... | 61976CJ0038 | Industriemetall Luma GmbH v Hauptzollamt Duisburg. | 7 | 7 WHILST THE CUSTOMS TARIFF DOES INDEED IN CERTAIN CASES CONTAIN REFERENCES TO MANUFACTURING PROCESSES AND TO THE USE FOR WHICH GOODS ARE INTENDED IT IS GENERALLY PREFERRED , IN THE INTERESTS OF LEGAL CERTAINTY AND EASE OF VERIFICATION , TO EMPLOY CRITERIA FOR CLASSIFICATION BASED ON THE OBJECTIVE CHARACTERISTICS AND P... | 1976-12-16 |
182 | 61988CJ0053 | Commission of the European Communities v Hellenic Republic. | 7 | 1990-11-08 | 7 There is no need to consider whether the aforementioned presidential decree satisfactorily implements the directive . The Court has consistently held ( see most recently the judgment in Case 76/86 Commission v Germany [1989] ECR 1021, paragraph 8 ) that the scope of an action brought under Article 169 of the Treaty i... | 61986CJ0076 | Commission of the European Communities v Federal Republic of Germany. | 8 | 8 Reference should be made in that regard to the established case-law of the Court, set out most recently in the judgments of 7 May 1987 in Case 186/85 Commission v Belgium (( 1987 )) ECR 2029, paragraph 13 and of 14 July 1988 in Case 298/86 Commission v Belgium (( 1988 )) ECR 4343, paragraph 10, according to which the... | 1989-05-11 |
183 | 61998CJ0248 | NV Koninklijke KNP BT v Commission of the European Communities. | 54 | 2000-11-16 | 54 As to the second part of this plea, it should be observed that the Court of First Instance has unlimited jurisdiction when it rules on the amount of fines imposed on undertakings for infringements of Community law and that it is not for the Court of Justice, when ruling on questions of law in the context of an appea... | 61995CJ0219 | Ferriere Nord SpA v Commission of the European Communities. | 31 | 31 The applicant may not rely on the Italian version of Article 85 of the Treaty in order to require the Commission to demonstrate that the agreement had both an anti-competitive object and effect. That version cannot prevail by itself against all the other language versions, which, by using the term "or", clearly sho... | 1997-07-17 |
184 | 61998CJ0263 | Kingdom of Belgium v Commission of the European Communities. | 54 | 2001-09-20 | 54 As the Court pointed out at paragraph 51 of its judgment in Belgium v Commission, cited above, the Commission withdrew that charge, which had been made in Annex II to its 1993 summary report; it also stated that Decision 97/333 was not based on that charge. However, the contested Decision is based on the same ground... | 61997CJ0242 | Kingdom of Belgium v Commission of the European Communities. | 51 | 51 During the written procedure before the Court, the Commission withdrew that charge, which had been made in Annex II to its summary report. It also stated that the contested decision was not based on that charge. | 2000-05-18 |
185 | 61988CJ0062 | Hellenic Republic v Council of the European Communities. | 21 | 1990-03-29 | 21 As regards the Greek Government' s reference to the need to base Regulation No 3955/87 also on Article 235, it need merely be stated that, as the Court has held, use of that article as the legal basis for a measure is justified only where no other provision of the Treaty gives the Community institutions the necessar... | 61987CJ0242 | Commission of the European Communities v Council of the European Communities. | 6 | 6 As the Court has already stated, it follows from the very wording of Article 235 that its use as the legal basis for a measure is justified only where no other provision of the Treaty gives the Community institutions the necessary power to adopt the measure in question ( judgment of 26 March 1987 in Case 45/86 Commis... | 1989-05-30 |
186 | 61988CJ0070(01) | European Parliament v Council of the European Communities. | 9 | 1991-10-04 | 9 The Court has consistently held that in the context of the organization of the powers of the Community the choice of the legal basis for a measure may not depend simply on an institution' s conviction as to the objective pursued but must be based on objective factors which are amenable to judicial review. Those facto... | 61989CJ0300 | Commission of the European Communities v Council of the European Communities. | 10 | 10 It must first be observed that in the context of the organization of the powers of the Community the choice of the legal basis for a measure may not depend simply on an institution' s conviction as to the objective pursued but must be based on objective factors which are amenable to judicial review (see the judgment... | 1991-06-11 |
187 | 61988CJ0108 | Juan Jaenicke Cendoya v Commission of the European Communities. | 9 | 1989-07-13 | 9 The Court has consistently held that such claims are inadmissible ( see in particular the judgment of 10 December 1969 in Case 12/69 Gustav Wonnerth v Commission (( 1969 )) ECR 577, paragraph 6 ).
The application for the annulment of the decision to reject the applicant' s candidature
The submission that the statemen... | 61969CJ0012 | Gustav Wonnerth v Commission of the European Communities. | 6 | 6 THE PURPOSE OF HIS SEEKING THESE RULINGS IS EITHER TO OBTAIN ACCEPTANCE OF THE VALIDITY OF CERTAIN OF THE SUBMISSIONS PUT FORWARD IN SUPPORT OF THE APPLICATION FOR ANNULMENT, OR TO INDUCE THE COURT AT THIS STAGE TO GIVE INSTRUCTIONS TO THE AUTHORITY RESPONSIBLE FOR ENFORCING THE JUDGMENT TO BE DELIVERED IN THIS INSTA... | 1969-12-10 |
188 | 61988CJ0109 | Handels- og Kontorfunktionærernes Forbund I Danmark v Dansk Arbejdsgiverforening, acting on behalf of Danfoss. | 12 | 1989-10-17 | 12 In that respect it must first be borne in mind that in its judgment of 30 June 1988 in Case 318/86 Commission v France (( 1988 )) ECR 3559, paragraph 27, the Court condemned a system of recruitment, characterized by a lack of transparency, as being contrary to the principle of equal access to employment on the groun... | 61986CJ0318 | Commission of the European Communities v French Republic. | 27 | 27 This lack of transparency also has consequences for compliance with the second requirement laid down by the directive, which relates to the activities involved . The contested system of recruitment makes it impossible to exercise any form of supervision, not only by the Commission and the courts but also by persons ... | 1988-06-30 |
189 | 61988CJ0119 | AERPO and others v Commission of the European Communities. | 18 | 1990-06-06 | 18 It must also be borne in mind that in its judgment of 2 December 1971 in Case 5/71 Aktien-Zuckerfabrik Schoeppenstedt v Council (( 1971 )) ECR 975, paragraph 11, the Court held that the Community does not incur non-contractual liability for damage suffered by individuals as a consequence of action involving choices ... | 61971CJ0005 | Aktien-Zuckerfabrik Schöppenstedt v Council of the European Communities. | 11 | 11 IN THE PRESENT CASE THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY PRESUPPOSES AT THE VERY LEAST THE UNLAWFUL NATURE OF THE ACT ALLEGED TO BE THE CAUSE OF THE DAMAGE . WHERE LEGISLATIVE ACTION INVOLVING MEASURES OF ECONOMIC POLICY IS CONCERNED, THE COMMUNITY DOES NOT INCUR NONCONTRACTUAL LIABILITY FOR DAMAGE SUFFERE... | 1971-12-02 |
190 | 61998CJ0277 | French Republic v Commission of the European Communities. | 41 | 2001-11-13 | 41 However, the Commission is obliged to give reasons for each decision finding that negligence is attributable to the Member State concerned (see, to the effect, Case C-8/88 Germany v Commission [1990] ECR I-2321, paragraph 23). | 61988CJ0008 | Federal Republic of Germany v Commission of the European Communities. | 23 | 23 Nevertheless, it should be stated that the Commission is obliged on each occasion to give reasons for its decision finding an absence of, or defects in, inspection procedures operated by the Member State in question . | 1990-06-12 |
191 | 61998CJ0278 | Kingdom of the Netherlands v Commission of the European Communities. | 97 | 2001-03-06 | 97 In such circumstances, the applicant cannot claim that the failure to monitor that undertaking meant that the investigations were not representative (see, to that effect, Case 151/80 De Hoe v Commission [1981] ECR 3161, paragraphs 17 to 19). | 61980CJ0151 | Jacques de Hoe v Commission of the European Communities. | 17 | 17 IN HIS THIRD SUBMISSION THE APPLICANT CONTENDS THAT AT THE TIME OF THE CONTESTED DECISION THE COMMISSION DID NOT HAVE HIS PERIODIC REPORT FOR THE PERIOD FROM 1975 TO 1977 . IT IS ALSO TRUE THAT , ACCORDING TO THE CASE-LAW OF THE COURT , PERIODIC REPORTS CONSTITUTE ESSENTIAL FACTORS FOR ALL DECISIONS CONCERNING AN OF... | 1981-12-17 |
192 | 61998CJ0278 | Kingdom of the Netherlands v Commission of the European Communities. | 97 | 2001-03-06 | 97 In such circumstances, the applicant cannot claim that the failure to monitor that undertaking meant that the investigations were not representative (see, to that effect, Case 151/80 De Hoe v Commission [1981] ECR 3161, paragraphs 17 to 19). | 61980CJ0151 | Jacques de Hoe v Commission of the European Communities. | 19 | 19 UNDER THOSE CIRCUMSTANCES THE APPLICANT MAY NOT RELY ON THE ABSENCE OF THE PERIODIC REPORT FOR THE PERIOD MENTIONED , AND THEREFORE THE THIRD SUBMISSION MUST ALSO BE REJECTED .
| 1981-12-17 |
193 | 61988CJ0119 | AERPO and others v Commission of the European Communities. | 20 | 1990-06-06 | 20 Finally, with respect to the alleged inadequacy of the statement of the reasons on which the contested regulation was based, the Court has consistently held ( see the judgment of 15 September 1982 in Case 106/81 Kind v European Economic Community (( 1982 )) ECR 2885, paragraph 14 ) that any inadequacy in the stateme... | 61981CJ0106 | Julius Kind KG v European Economic Community. | 14 | 14 THAT SUBMISSION MUST BE REJECTED . AS FAR AS THE SYSTEM OF LEGAL REMEDIES IS CONCERNED THE REQUIREMENT OF A STATEMENT OF THE REASONS UPON WHICH MEASURES ADOPTED BY THE INSTITUTIONS ARE BASED IS DESIGNED TO ENABLE THE COURT TO EXERCISE ITS POWERS OF REVIEW OF THE LEGALITY OF SUCH MEASURES IN THE CONTEXT OF ARTICLE 17... | 1982-09-15 |
194 | 61988CJ0120 | Commission of the European Communities v Italian Republic. | 10 | 1991-02-26 | 10 The right of non-taxable importers to rely on the directly applicable provisions of Article 95 before national courts is only a minimum guarantee and is not sufficient in itself to ensure the full and complete implementation of the Treaty (see the judgment in Case 168/85 Commission v Italy [1986] ECR 2945, at paragr... | 61985CJ0168 | Commission of the European Communities v Italian Republic. | 11 | 11 IT MUST BE OBSERVED IN THAT REGARD THAT DIRECTLY APPLICABLE PROVISIONS OF THE TREATY ARE BINDING ON ALL THE AUTHORITIES OF THE MEMBER STATES AND THEY MUST THEREFORE COMPLY WITH THEM WITHOUT ITS BEING NECESSARY TO ADOPT NATIONAL IMPLEMENTING PROVISIONS . HOWEVER , AS THE COURT HELD IN ITS JUDGMENT OF 20 MARCH 1986 IN... | 1986-10-15 |
195 | 61988CJ0120 | Commission of the European Communities v Italian Republic. | 5 | 1991-02-26 | 5 It ought to be noted at the outset that, according to the established case-law of the Court, Article 95 of the Treaty lays downs a prohibition of discriminatory taxation of imported goods. That prohibition produces direct effects and creates for individuals personal rights which national courts are bound to protect (... | 61981CJ0015 | Gaston Schul Douane Expediteur BV v Inspecteur der Invoerrechten en Accijnzen, Roosendaal. | 46 | 46 ACCORDING TO ESTABLISHED CASE-LAW OF THE COURT THAT PROVISION CONTAINS A PROHIBITION OF DISCRIMINATION WHICH CONSTITUTES A CLEAR AND WHOLLY UNCONDITIONAL OBLIGATION AND ITS IMPLEMENTATION AND EFFECTS ARE NOT SUBJECT TO THE ADOPTION OF ANY MEASURE BY THE INSTITUTIONS OF THE COMMUNITY OR THE MEMBER STATES . THE PROHIB... | 1982-05-05 |
196 | 61988CJ0125 | Criminal proceedings against H. F. M. Nijman. | 13 | 1989-11-07 | 13 However, it is undisputed that plant-protection products present significant risks to the health of humans and animals and to the environment, as the Court has held in relation to pesticides ( see the judgments of 19 September 1984 in Case 94/83 Albert Heijn BV (( 1984 )) ECR 3263, paragraph 13, and of 13 March 1986... | 61983CJ0094 | Criminal proceedings against Albert Heijn BV. | 13 | 13 IT IS NOT DISPUTED THAT PESTICIDES CONSTITUTE A MAJOR RISK TO HUMAN AND ANIMAL HEALTH AND TO THE ENVIRONMENT ; THIS HAS MOREOVER BEEN RECOGNIZED AT COMMUNITY LEVEL , IN PARTICULAR IN THE FIFTH RECITAL IN THE PREAMBLE TO THE AFOREMENTIONED COUNCIL DIRECTIVE NO 76/895 , WHICH STATES THAT ' ' PESTICIDES DO NOT HAVE ONL... | 1984-09-19 |
197 | 61998CJ0280 | Moritz J. Weig GmbH & Co. KG v Commission of the European Communities. | 62 | 2000-11-16 | 62 It should be observed that the Court of First Instance has unlimited jurisdiction when it rules on the amount of fines imposed on undertakings for infringements of Community law and that it is not for the Court of Justice, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fair... | 61995CJ0219 | Ferriere Nord SpA v Commission of the European Communities. | 31 | 31 The applicant may not rely on the Italian version of Article 85 of the Treaty in order to require the Commission to demonstrate that the agreement had both an anti-competitive object and effect. That version cannot prevail by itself against all the other language versions, which, by using the term "or", clearly sho... | 1997-07-17 |
198 | 61998CJ0283 | Mo och Domsjö AB v Commission of the European Communities. | 24 | 2000-11-16 | 24 In that regard, it is sufficient to observe that although it is not for the Court of Justice, when ruling on questions of law in the context of an appeal, to substitute, on grounds of fairness, its own assessment for that of the Court of First Instance exercising its unlimited jurisdiction to rule on the amount of f... | 61995CJ0219 | Ferriere Nord SpA v Commission of the European Communities. | 31 | 31 The applicant may not rely on the Italian version of Article 85 of the Treaty in order to require the Commission to demonstrate that the agreement had both an anti-competitive object and effect. That version cannot prevail by itself against all the other language versions, which, by using the term "or", clearly sho... | 1997-07-17 |
199 | 61998CJ0300 | Parfums Christian Dior SA v TUK Consultancy BV and Assco Gerüste GmbH and Rob van Dijk v Wilhelm Layher GmbH & Co. KG and Layher BV. | 34 | 2000-12-14 | 34 In particular, the Court has jurisdiction to interpret Article 50 of TRIPs in order to meet the needs of the courts of the Member States when they are called upon to apply national rules with a view to ordering provisional measures for the protection of rights arising under Community legislation falling within the s... | 61996CJ0053 | Hermès International (a partnership limited by shares) v FHT Marketing Choice BV. | 29 | 29 It follows that the Court has, in any event, jurisdiction to interpret Article 50 of the TRIPs Agreement. | 1998-06-16 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.