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110,400 | 62013CJ0176 | Council of the European Union v Bank Mellat. | 116 | 2016-02-18 | 116
As regards the confidentiality of the evidence, it must be noted that that argument has been relied on for the first time at the stage of the appeal. As it is, in accordance with settled case-law, to allow a party to put forward for the first time before the Court of Justice a plea and arguments which it did not ... | 62007CJ0514 | Kingdom of Sweden v Association de la presse internationale ASBL (API) and European Commission (C-514/07 P), Association de la presse internationale ASBL (API) v European Commission (C-528/07 P) and European Commission v Association de la presse internationale ASBL (API) (C-532/07 P). | 126 | 126. As it is, in accordance with settled case-law, to allow a party to put forward for the first time before the Court of Justice a plea and arguments which it did not raise before the General Court would be to authorise it to bring before the Court of Justice, whose jurisdiction in appeals is limited, a case of wider... | 2010-09-21 |
110,401 | 62013CJ0176 | Council of the European Union v Bank Mellat. | 109 | 2016-02-18 | 109
Regarding the material used to justify Bank Mellat’s listing and the evidence that that listing was well founded, it must be borne in mind that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires, in particular, that the Courts of t... | 62013CJ0630 | Issam Anbouba v Council of the European Union. | 46 | 46. In that regard, it should be noted that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires that, as part of the review of the lawfulness of the grounds which are the basis of the decision to include a person’s name on the list of per... | 2015-04-21 |
110,402 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 98 | 2016-04-21 | 98
Regarding the material used to justify Bank Saderat Iran’s listing and the evidence that that listing was well founded, it must be borne in mind that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires, in particular, that the Courts... | 62013CJ0605 | Issam Anbouba v Council of the European Union. | 45 | 45. In that regard, it should be noted that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires that, as part of the review of the lawfulness of the grounds which are the basis of the decision to include a person’s name on the list of per... | 2015-04-21 |
110,403 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 49 | 2016-04-21 | 49
As regards pleas alleging a manifest error of assessment or a breach of the general principle of proportionality, it must be noted that the question whether a State entity is entitled to invoke them is one that relates to the merits of the case (judgments in Council v Manufacturing Support & Procurement Kala Naft,... | 62012CJ0348 | Council of the European Union v Manufacturing Support & Procurement Kala Naft Co., Tehran. | 51 | 51. C’est dès lors à bon droit que le Tribunal a considéré, au point 45 de l’arrêt attaqué, que l’argumentation relative à la possibilité, pour Kala Naft, d’invoquer les protections et les garanties liées aux droits fondamentaux ne concernait pas la recevabilité du recours ni même d’un moyen, mais avait trait au fond d... | 2013-11-28 |
110,404 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 71 | 2016-04-21 | 71
The statement of reasons required by Article 296 TFEU must be appropriate to the act at issue and the context in which it was adopted. The requirements to be satisfied by the statement of reasons depend on the circumstances of each case, in particular the content of the measure in question, the nature of the reaso... | 62012CJ0348 | Council of the European Union v Manufacturing Support & Procurement Kala Naft Co., Tehran. | 71 | 71. En particulier, un acte faisant grief est suffisamment motivé dès lors qu’il est intervenu dans un contexte connu de l’intéressé, qui lui permet de comprendre la portée de la mesure prise à son égard (arrêt Conseil/Bamba, précité, point 54). | 2013-11-28 |
110,405 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 46 | 2016-04-21 | 46
It must be pointed out that the action brought by Bank Saderat Iran falls within the scope of the second paragraph of Article 275 TFEU (judgments in Council v Manufacturing Support & Procurement Kala Naft, C‑348/12 P, EU:C:2013:776, paragraph 50, and Council v Bank Mellat, C‑176/13 P, EU:C:2016:96, paragraph 48). | 62012CJ0348 | Council of the European Union v Manufacturing Support & Procurement Kala Naft Co., Tehran. | 50 | 50. Ainsi que l’a relevé M. l’avocat général au point 59 de ses conclusions, le recours de Kala Naft s’inscrivait dans le cadre de l’article 275, second alinéa, TFUE. Cette société avait la qualité pour contester, devant le juge de l’Union, son inscription sur la liste figurant dans les actes litigieux, cette inscripti... | 2013-11-28 |
110,406 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 98 | 2016-04-21 | 98
Regarding the material used to justify Bank Saderat Iran’s listing and the evidence that that listing was well founded, it must be borne in mind that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires, in particular, that the Courts... | 62012CJ0348 | Council of the European Union v Manufacturing Support & Procurement Kala Naft Co., Tehran. | 73 | 73. Par ailleurs, l’effectivité du contrôle juridictionnel garanti par l’article 47 de la Charte exige également que le juge de l’Union s’assure que la décision, qui revêt une portée individuelle pour la personne ou l’entité concernée, repose sur une base factuelle suffisamment solide. Cela implique une vérification de... | 2013-11-28 |
110,407 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 119 | 2016-04-21 | 119
As the Court has held, regulations requiring the funds of designated persons and entities to be frozen resemble both measures of general application, in that they impose on a category of addressees determined in a general and abstract manner a prohibition on, inter alia, making funds and economic resources availa... | 62005CJ0402 | Yassin Abdullah Kadi and Al Barakaat International Foundation v Council of the European Union and Commission of the European Communities. | 241 | 241. The Court of First Instance rightly held in paragraphs 184 to 188 of Yusuf and Al Barakaat that the fact that the persons and entities who are the subject of the restrictive measures imposed by the contested regulation are expressly named in Annex I thereto, so that they appear to be directly and individually con... | 2008-09-03 |
110,408 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 120 | 2016-04-21 | 120
It is the individual nature of those acts which, in accordance with the second paragraph of Article 275 TFEU and the fourth paragraph of Article 263 TFEU, permits natural and legal persons to have access to the Courts of the European Union (judgment in Gbagbo and Others v Council, C‑478/11 P to C‑482/11 P, EU:C:2... | 62005CJ0402 | Yassin Abdullah Kadi and Al Barakaat International Foundation v Council of the European Union and Commission of the European Communities. | 241 | 241. The Court of First Instance rightly held in paragraphs 184 to 188 of Yusuf and Al Barakaat that the fact that the persons and entities who are the subject of the restrictive measures imposed by the contested regulation are expressly named in Annex I thereto, so that they appear to be directly and individually con... | 2008-09-03 |
110,409 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 119 | 2016-04-21 | 119
As the Court has held, regulations requiring the funds of designated persons and entities to be frozen resemble both measures of general application, in that they impose on a category of addressees determined in a general and abstract manner a prohibition on, inter alia, making funds and economic resources availa... | 62005CJ0402 | Yassin Abdullah Kadi and Al Barakaat International Foundation v Council of the European Union and Commission of the European Communities. | 244 | 244. As the Court of First Instance quite rightly held in paragraphs 186 and 188 of Yusuf and Al Barakaat , that prohibition is addressed to whoever might actually hold the funds or economic resources in question. | 2008-09-03 |
110,410 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 119 | 2016-04-21 | 119
As the Court has held, regulations requiring the funds of designated persons and entities to be frozen resemble both measures of general application, in that they impose on a category of addressees determined in a general and abstract manner a prohibition on, inter alia, making funds and economic resources availa... | 62005CJ0402 | Yassin Abdullah Kadi and Al Barakaat International Foundation v Council of the European Union and Commission of the European Communities. | 242 | 242. In fact, while it is true that the contested regulation imposes restrictive measures on the persons and entities whose names appear in the exhaustive list that constitutes Annex I thereto, a list which is, moreover, regularly amended by the removal or addition of names, so that it is kept in line with the summary ... | 2008-09-03 |
110,411 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 119 | 2016-04-21 | 119
As the Court has held, regulations requiring the funds of designated persons and entities to be frozen resemble both measures of general application, in that they impose on a category of addressees determined in a general and abstract manner a prohibition on, inter alia, making funds and economic resources availa... | 62005CJ0402 | Yassin Abdullah Kadi and Al Barakaat International Foundation v Council of the European Union and Commission of the European Communities. | 243 | 243. The contested regulation, like Resolution 1390 (2002) which it is designed to put into effect, lays down a prohibition, worded exceptionally broadly, of making available funds and economic resources to those persons or entities (see, to that effect, Möllendorf and Möllendorf-Niehuus , paragraphs 50 to 55). | 2008-09-03 |
110,412 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 99 | 2016-04-21 | 99
To that end, it is for the Courts of the European Union, in order to carry out that examination, to request the competent EU authority, when necessary, to produce information or evidence, confidential or not, relevant to such an examination (see judgments in Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and... | 62010CJ0584 | European Commission and Others v Yassin Abdullah Kadi. | 120 | 120. To that end, it is for the Courts of the European Union, in order to carry out that examination, to request the competent European Union authority, when necessary, to produce information or evidence, confidential or not, relevant to such an examination (see, by analogy, ZZ , paragraph 59). | 2013-07-18 |
110,413 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 72 | 2016-04-21 | 72
As regards restrictive measures, without going so far as to require a detailed response to the comments made by the person concerned, the obligation to state reasons laid down in Article 296 TFEU entails in all circumstances, not least when the reasons stated for the EU measure represent reasons stated by an inter... | 62010CJ0584 | European Commission and Others v Yassin Abdullah Kadi. | 116 | 116. Lastly, without going so far as to require a detailed response to the comments made by the individual concerned (see, to that effect, Al‑Aqsa v Council and Netherlands v Al-Aqsa , paragraph 141), the obligation to state reasons laid down in Article 296 TFEU entails in all circum s tances, not least when the reas... | 2013-07-18 |
110,414 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 100 | 2016-04-21 | 100
If the competent EU authority finds itself unable to comply with the request by the Courts of the European Union, it is then the duty of those Courts to base their decision solely on the material which has been disclosed to them (see judgments in Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and C‑595/10 P... | 62010CJ0584 | European Commission and Others v Yassin Abdullah Kadi. | 123 | 123. If the competent European Union authority finds itself unable to comply with the request by the Courts of the European Union, it is then the duty of those Courts to base their decision solely on the material which has been disclosed to them, namely, in this case, the indications contained in the narrative summary ... | 2013-07-18 |
110,415 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 98 | 2016-04-21 | 98
Regarding the material used to justify Bank Saderat Iran’s listing and the evidence that that listing was well founded, it must be borne in mind that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires, in particular, that the Courts... | 62010CJ0584 | European Commission and Others v Yassin Abdullah Kadi. | 119 | 119. The effectiveness of the judicial review guaranteed by Article 47 of the Charter also requires that, as part of the review of the lawfulness of the grounds which are the basis of the decision to list or to maintain the listing of a given person in Annex I to Regulation No 881/2002 (the Kadi judgment, paragraph 33... | 2013-07-18 |
110,416 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 72 | 2016-04-21 | 72
As regards restrictive measures, without going so far as to require a detailed response to the comments made by the person concerned, the obligation to state reasons laid down in Article 296 TFEU entails in all circumstances, not least when the reasons stated for the EU measure represent reasons stated by an inter... | 62010CJ0584 | European Commission and Others v Yassin Abdullah Kadi. | 118 | 118. The Courts of the European Union must, further, determine whether the competent European Union authority has complied with the procedural safeguards set out in paragraphs 111 to 114 of this judgment and the obligation to state reasons laid down in Article 296 TFEU, as mentioned in paragraph 116 of this judgment, a... | 2013-07-18 |
110,417 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 100 | 2016-04-21 | 100
If the competent EU authority finds itself unable to comply with the request by the Courts of the European Union, it is then the duty of those Courts to base their decision solely on the material which has been disclosed to them (see judgments in Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and C‑595/10 P... | 62012CJ0280 | Council of the European Union v Fulmen and Fereydoun Mahmoudian. | 68 | 68. Si l’autorité compétente de l’Union est dans l’impossibilité d’accéder à la demande du juge de l’Union, il appartient alors à ce dernier de se fonder sur les seuls éléments qui lui ont été communiqués, à savoir, en l’occurrence, la motivation de l’acte attaqué, les observations et les éléments à décharge éventuelle... | 2013-11-28 |
110,418 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 99 | 2016-04-21 | 99
To that end, it is for the Courts of the European Union, in order to carry out that examination, to request the competent EU authority, when necessary, to produce information or evidence, confidential or not, relevant to such an examination (see judgments in Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and... | 62012CJ0280 | Council of the European Union v Fulmen and Fereydoun Mahmoudian. | 65 | 65. À cette fin, il incombe au juge de l’Union de procéder à cet examen en demandant, le cas échéant, à l’autorité compétente de l’Union de produire des informations ou des éléments de preuve, confidentiels ou non, pertinents aux fins d’un tel examen (voir arrêt Kadi II, point 120 et jurisprudence citée). | 2013-11-28 |
110,419 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 98 | 2016-04-21 | 98
Regarding the material used to justify Bank Saderat Iran’s listing and the evidence that that listing was well founded, it must be borne in mind that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires, in particular, that the Courts... | 62012CJ0280 | Council of the European Union v Fulmen and Fereydoun Mahmoudian. | 64 | 64. L’effectivité du contrôle juridictionnel garanti par l’article 47 de la Charte exige notamment que le juge de l’Union s’assure que la décision, qui revêt une portée individuelle pour la personne ou l’entité concernée, repose sur une base factuelle suffisamment solide. Cela implique une vérification des faits allégu... | 2013-11-28 |
110,420 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 119 | 2016-04-21 | 119
As the Court has held, regulations requiring the funds of designated persons and entities to be frozen resemble both measures of general application, in that they impose on a category of addressees determined in a general and abstract manner a prohibition on, inter alia, making funds and economic resources availa... | 62011CJ0478 | Laurent Gbagbo (C‑478/11 P), Katinan Justin Koné (C‑479/11 P), Akissi Danièle Boni-Claverie (C‑480/11 P), Alcide Djédjé (C‑481/11 P) and Affi Pascal N’Guessan (C‑482/11 P) v Council of the European Union. | 56 | 56. That situation is a consequence of the particular nature of the contested measures, which at the same time resemble both measures of general application in that they impose on a category of addressees determined in a general and abstract manner a prohibition on, inter alia, making available funds and economic resou... | 2013-04-23 |
110,421 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 120 | 2016-04-21 | 120
It is the individual nature of those acts which, in accordance with the second paragraph of Article 275 TFEU and the fourth paragraph of Article 263 TFEU, permits natural and legal persons to have access to the Courts of the European Union (judgment in Gbagbo and Others v Council, C‑478/11 P to C‑482/11 P, EU:C:2... | 62011CJ0478 | Laurent Gbagbo (C‑478/11 P), Katinan Justin Koné (C‑479/11 P), Akissi Danièle Boni-Claverie (C‑480/11 P), Alcide Djédjé (C‑481/11 P) and Affi Pascal N’Guessan (C‑482/11 P) v Council of the European Union. | 57 | 57. It must, moreover, be recalled that, as regards measures adopted on the basis of provisions relating to the Common Foreign and Security Policy, such as the contested measures, it is the individual nature of those measures which, in accordance with the second paragraph of Article 275 TFEU and the fourth paragraph of... | 2013-04-23 |
110,422 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 99 | 2016-04-21 | 99
To that end, it is for the Courts of the European Union, in order to carry out that examination, to request the competent EU authority, when necessary, to produce information or evidence, confidential or not, relevant to such an examination (see judgments in Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and... | 62013CJ0176 | Council of the European Union v Bank Mellat. | 110 | 110
To that end, it is for the Courts of the European Union, in order to carry out that examination, to request the competent EU authority, when necessary, to produce information or evidence, confidential or not, relevant to such an examination (see judgments in Commission and Others v Kadi, C‑584/10 P, C‑593/10 P an... | 2016-02-18 |
110,423 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 98 | 2016-04-21 | 98
Regarding the material used to justify Bank Saderat Iran’s listing and the evidence that that listing was well founded, it must be borne in mind that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires, in particular, that the Courts... | 62013CJ0176 | Council of the European Union v Bank Mellat. | 109 | 109
Regarding the material used to justify Bank Mellat’s listing and the evidence that that listing was well founded, it must be borne in mind that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires, in particular, that the Courts of t... | 2016-02-18 |
110,424 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 70 | 2016-04-21 | 70
According to a consistent body of case-law, the purpose of the obligation to state the reasons on which an act adversely affecting an individual is based, which is a corollary of the principle of respect for the rights of the defence, is, first, to provide the person concerned with sufficient information to make i... | 62013CJ0176 | Council of the European Union v Bank Mellat. | 74 | 74
According to a consistent body of case-law, the purpose of the obligation to state the reasons on which an act adversely affecting an individual is based, which is a corollary of the principle of respect for the rights of the defence, is, first, to provide the person concerned with sufficient information to make i... | 2016-02-18 |
110,425 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 72 | 2016-04-21 | 72
As regards restrictive measures, without going so far as to require a detailed response to the comments made by the person concerned, the obligation to state reasons laid down in Article 296 TFEU entails in all circumstances, not least when the reasons stated for the EU measure represent reasons stated by an inter... | 62013CJ0176 | Council of the European Union v Bank Mellat. | 76 | 76
As regards restrictive measures, without going so far as to require a detailed response to the comments made by the person concerned, the obligation to state reasons laid down in Article 296 TFEU entails in all circumstances, not least when the reasons stated for the EU measure represent reasons stated by an inter... | 2016-02-18 |
110,426 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 100 | 2016-04-21 | 100
If the competent EU authority finds itself unable to comply with the request by the Courts of the European Union, it is then the duty of those Courts to base their decision solely on the material which has been disclosed to them (see judgments in Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and C‑595/10 P... | 62013CJ0176 | Council of the European Union v Bank Mellat. | 111 | 111
If the competent EU authority finds itself unable to comply with the request by the Courts of the European Union, it is then the duty of those Courts to base their decision solely on the material which has been disclosed to them (see judgments in Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and C‑595/10 P... | 2016-02-18 |
110,427 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 49 | 2016-04-21 | 49
As regards pleas alleging a manifest error of assessment or a breach of the general principle of proportionality, it must be noted that the question whether a State entity is entitled to invoke them is one that relates to the merits of the case (judgments in Council v Manufacturing Support & Procurement Kala Naft,... | 62013CJ0176 | Council of the European Union v Bank Mellat. | 51 | 51
As regards pleas alleging a manifest error of assessment or a breach of the general principle of proportionality, it must be noted that the question whether a State entity is entitled to invoke them is one that relates to the merits of the case (judgment in Council v Manufacturing Support & Procurement Kala Naft, ... | 2016-02-18 |
110,428 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 71 | 2016-04-21 | 71
The statement of reasons required by Article 296 TFEU must be appropriate to the act at issue and the context in which it was adopted. The requirements to be satisfied by the statement of reasons depend on the circumstances of each case, in particular the content of the measure in question, the nature of the reaso... | 62013CJ0176 | Council of the European Union v Bank Mellat. | 75 | 75
The statement of reasons required by Article 296 TFEU must be appropriate to the act at issue and the context in which it was adopted. The requirements to be satisfied by the statement of reasons depend on the circumstances of each case, in particular the content of the measure in question, the nature of the reaso... | 2016-02-18 |
110,429 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 102 | 2016-04-21 | 102
It must be noted in that regard that that argument has been relied on for the first time at the stage of the appeal. As it is, in accordance with settled case-law, to allow a party to put forward for the first time before the Court of Justice a plea and arguments which it did not raise before the General Court wo... | 62007CJ0514 | Kingdom of Sweden v Association de la presse internationale ASBL (API) and European Commission (C-514/07 P), Association de la presse internationale ASBL (API) v European Commission (C-528/07 P) and European Commission v Association de la presse internationale ASBL (API) (C-532/07 P). | 126 | 126. As it is, in accordance with settled case-law, to allow a party to put forward for the first time before the Court of Justice a plea and arguments which it did not raise before the General Court would be to authorise it to bring before the Court of Justice, whose jurisdiction in appeals is limited, a case of wider... | 2010-09-21 |
110,430 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 98 | 2016-04-21 | 98
Regarding the material used to justify Bank Saderat Iran’s listing and the evidence that that listing was well founded, it must be borne in mind that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires, in particular, that the Courts... | 62013CJ0630 | Issam Anbouba v Council of the European Union. | 46 | 46. In that regard, it should be noted that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires that, as part of the review of the lawfulness of the grounds which are the basis of the decision to include a person’s name on the list of per... | 2015-04-21 |
110,431 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 70 | 2016-04-21 | 70
According to a consistent body of case-law, the purpose of the obligation to state the reasons on which an act adversely affecting an individual is based, which is a corollary of the principle of respect for the rights of the defence, is, first, to provide the person concerned with sufficient information to make i... | 62011CJ0417 | Council of the European Union v Nadiany Bamba. | 49 | 49. According to a consistent body of case‑law, the purpose of the obligation to state the reasons on which an act adversely affecting an individual is based, which is a corollary of the principle of respect for the rights of the defence, is, first, to provide the person concerned with sufficient information to make it... | 2012-11-15 |
110,432 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 71 | 2016-04-21 | 71
The statement of reasons required by Article 296 TFEU must be appropriate to the act at issue and the context in which it was adopted. The requirements to be satisfied by the statement of reasons depend on the circumstances of each case, in particular the content of the measure in question, the nature of the reaso... | 62011CJ0417 | Council of the European Union v Nadiany Bamba. | 53 | 53. The statement of reasons required by Article 296 TFEU must, however, be appropriate to the act at issue and the context in which it was adopted. The requirements to be satisfied by the statement of reasons depend on the circumstances of each case, in particular the content of the measure in question, the nature of ... | 2012-11-15 |
110,433 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 43 | 2016-04-21 | 43
It asserts that the General Court also erred in law when it found that there was no evidence to show that Bank Saderat Iran does actually constitute a governmental organisation. In this regard, the Council refers to:
—
the case-law of the European Court of Human Rights, according to which the specific factu... | 61999CJ0482 | French Republic v Commission of the European Communities. | 55 | 55 For those reasons, it must be accepted that the imputability to the State of an aid measure taken by a public undertaking may be inferred from a set of indicators arising from the circumstances of the case and the context in which that measure was taken. In that respect, the Court has already taken into consideratio... | 2002-05-16 |
110,434 | 62013CJ0200 | Council of the European Union v Bank Saderat Iran. | 98 | 2016-04-21 | 98
Regarding the material used to justify Bank Saderat Iran’s listing and the evidence that that listing was well founded, it must be borne in mind that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires, in particular, that the Courts... | 62014CJ0535 | Vadzim Ipatau v Council of the European Union. | 42 | 42. Regarding the evidence that Mr Ipatau’s listing was well founded, it should be borne in mind that the effectiveness of the judicial review guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union requires that, as part of the review of the lawfulness of the grounds which are the basis of ... | 2015-06-18 |
110,435 | 62019CJ0581 | Frenetikexito – Unipessoal Lda v Autoridade Tributária e Aduaneira. | 22 | 2021-03-04 | As is clear from settled case-law, the terms used to specify the exemptions in Article 132 of Directive 2006/112 are to be interpreted strictly. Nevertheless, the interpretation of those terms must be consistent with the objectives pursued by those exemptions and comply with the requirements of the principle of fiscal ... | 62019CJ0657 | Finanzamt D v E. | 28 | 28
As is clear from settled case‑law, the terms used to specify the exemptions in Article 132 of the VAT Directive are to be interpreted strictly. Nevertheless, the interpretation of those terms must be consistent with the objectives underlying the exemptions and must comply with the requirements of the principle of ... | 2020-10-08 |
110,436 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 42 | 2021-03-24 | That being so, the case-law principle recalled in paragraph 31 above applies only on condition that the exclusion of the tenderer was not confirmed by a decision which has become definitive (see, to that effect, judgments of 11 May 2017, Archus and Gama, C‑131/16, EU:C:2017:358, paragraphs 57 and 58, and of 5 Septembe... | 62018CJ0333 | Lombardi Srl v Comune di Auletta and Others. | 32 | 32
In the main proceedings, none of the tenderers who have brought an action to have the other party excluded have been definitively excluded from the procurement process. Therefore, that judgment in no way undermines the legal principle referred to in the preceding point. | 2019-09-05 |
110,437 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 42 | 2021-03-24 | That being so, the case-law principle recalled in paragraph 31 above applies only on condition that the exclusion of the tenderer was not confirmed by a decision which has become definitive (see, to that effect, judgments of 11 May 2017, Archus and Gama, C‑131/16, EU:C:2017:358, paragraphs 57 and 58, and of 5 Septembe... | 62018CJ0333 | Lombardi Srl v Comune di Auletta and Others. | 31 | 31
The judgment of 21 December 2016, Bietergemeinschaft Technische Gebäudebetreuung und Caverion Österreich (C‑355/15, EU:C:2016:988), cited by the referring court, is not incompatible with such an interpretation. Although it is true that in paragraphs 13 to 16, 31 and 36 of that judgment, the Court held that the ten... | 2019-09-05 |
110,438 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 45 | 2021-03-24 | Such an interpretation is not invalidated by the judgment of 21 December 2016, Bietergemeinschaft Technische Gebäudebetreuung und Caverion Österreich (C‑355/15, EU:C:2016:988), mentioned by the referring court in that context. Although it is true that it follows from paragraphs 13 to 16, 31 and 36 of that judgment that... | 62018CJ0333 | Lombardi Srl v Comune di Auletta and Others. | 31 | 31
The judgment of 21 December 2016, Bietergemeinschaft Technische Gebäudebetreuung und Caverion Österreich (C‑355/15, EU:C:2016:988), cited by the referring court, is not incompatible with such an interpretation. Although it is true that in paragraphs 13 to 16, 31 and 36 of that judgment, the Court held that the ten... | 2019-09-05 |
110,439 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 32 | 2021-03-24 | The case-law principle set out in the preceding paragraph, which was developed at a time when Directive 89/665 was in force, can be transposed to the system of judicial protection established by Directive 92/13 (see, to that effect, judgment of 11 May 2017, Archus and Gama, C‑131/16, EU:C:2017:358, paragraphs 50 to 53... | 62016CJ0131 | Archus sp. z o.o. and Gama Jacek Lipik v Polskie Górnictwo Naftowe i Gazownictwo S.A. | 53 | 53
The principle of case-law established by the judgments of 4 July 2013, Fastweb (C‑100/12, EU:C:2013:448) and 5 April 2016, PFE (C‑689/13, EU:C:2016:199) applies to the situation at issue in the main proceedings. | 2017-05-11 |
110,440 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 42 | 2021-03-24 | That being so, the case-law principle recalled in paragraph 31 above applies only on condition that the exclusion of the tenderer was not confirmed by a decision which has become definitive (see, to that effect, judgments of 11 May 2017, Archus and Gama, C‑131/16, EU:C:2017:358, paragraphs 57 and 58, and of 5 Septembe... | 62016CJ0131 | Archus sp. z o.o. and Gama Jacek Lipik v Polskie Górnictwo Naftowe i Gazownictwo S.A. | 58 | 58
In the main proceedings, on the other hand, Archus and Gama brought an action against the decision excluding their tender and against the decision awarding the contract, which were adopted simultaneously, and cannot therefore be considered to be definitively excluded from the public procurement procedure. In such ... | 2017-05-11 |
110,441 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 32 | 2021-03-24 | The case-law principle set out in the preceding paragraph, which was developed at a time when Directive 89/665 was in force, can be transposed to the system of judicial protection established by Directive 92/13 (see, to that effect, judgment of 11 May 2017, Archus and Gama, C‑131/16, EU:C:2017:358, paragraphs 50 to 53... | 62016CJ0131 | Archus sp. z o.o. and Gama Jacek Lipik v Polskie Górnictwo Naftowe i Gazownictwo S.A. | 50 | 50
It should be recalled, in that connection, that Article 1(3) of Directive 92/13 provides that Member States must ensure that review procedures are available, under detailed rules which they themselves may establish, at least to any person having or having had an interest in obtaining a particular contract who has ... | 2017-05-11 |
110,442 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 32 | 2021-03-24 | The case-law principle set out in the preceding paragraph, which was developed at a time when Directive 89/665 was in force, can be transposed to the system of judicial protection established by Directive 92/13 (see, to that effect, judgment of 11 May 2017, Archus and Gama, C‑131/16, EU:C:2017:358, paragraphs 50 to 53... | 62016CJ0131 | Archus sp. z o.o. and Gama Jacek Lipik v Polskie Górnictwo Naftowe i Gazownictwo S.A. | 52 | 52
On the one hand, the exclusion of one tenderer may lead to the other being awarded the contract directly in the same procedure. On the other, if all tenderers are excluded and a new public procurement procedure is launched, each of those tenderers may participate in the new procedure and thus obtain the contract i... | 2017-05-11 |
110,443 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 42 | 2021-03-24 | That being so, the case-law principle recalled in paragraph 31 above applies only on condition that the exclusion of the tenderer was not confirmed by a decision which has become definitive (see, to that effect, judgments of 11 May 2017, Archus and Gama, C‑131/16, EU:C:2017:358, paragraphs 57 and 58, and of 5 Septembe... | 62016CJ0131 | Archus sp. z o.o. and Gama Jacek Lipik v Polskie Górnictwo Naftowe i Gazownictwo S.A. | 57 | 57
Admittedly, the Court ruled in its judgment of 21 December 2016, Bietergemeinschaft Technische Gebäudebetreuung und Caverion Österreich (C‑355/15, EU:C:2016:988, paragraphs 13 to 16, 31 and 36), that a tenderer whose offer had been excluded by the contracting authority from a public procurement procedure could be ... | 2017-05-11 |
110,444 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 32 | 2021-03-24 | The case-law principle set out in the preceding paragraph, which was developed at a time when Directive 89/665 was in force, can be transposed to the system of judicial protection established by Directive 92/13 (see, to that effect, judgment of 11 May 2017, Archus and Gama, C‑131/16, EU:C:2017:358, paragraphs 50 to 53... | 62016CJ0131 | Archus sp. z o.o. and Gama Jacek Lipik v Polskie Górnictwo Naftowe i Gazownictwo S.A. | 51 | 51
When called upon to interpret the equivalent provisions of Article 1(3) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L... | 2017-05-11 |
110,445 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 31 | 2021-03-24 | Tasked with interpreting the provisions of Article 1(3) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L 395, p.33), the Cour... | 62012CJ0100 | Fastweb SpA v Azienda Sanitaria Locale di Alessandria. | 33 | 33. In the presence of such a finding, a counterclaim filed by the successful tenderer cannot bring about the dismissal of an action for review brought by a tenderer where the validity of the bid submitted by each of the operators is challenged in the course of the same proceedings and on identical grounds. In such a s... | 2013-07-04 |
110,446 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 36 | 2021-03-24 | The objective of effective and rapid judicial protection, in particular by interim measures, pursued by that directive does not therefore authorise the Member States to make the exercise of the right to apply for review conditional on the fact that the public procurement procedure in question has formally reached a par... | 62003CJ0026 | Stadt Halle and RPL Recyclingpark Lochau GmbH v Arbeitsgemeinschaft Thermische Restabfall- und Energieverwertungsanlage TREA Leuna. | 38 | 38. As to the time from which such a possibility of review is open, it must be noted that no such time is formally laid down in Directive 89/665. However, having regard to that directive’s objective of effective and rapid judicial protection, in particular by interlocutory measures, it must be concluded that Article 1(... | 2005-01-11 |
110,447 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 36 | 2021-03-24 | The objective of effective and rapid judicial protection, in particular by interim measures, pursued by that directive does not therefore authorise the Member States to make the exercise of the right to apply for review conditional on the fact that the public procurement procedure in question has formally reached a par... | 62015CJ0391 | Marina del Mediterráneo SL and Others v Agencia Pública de Puertos de Andalucía. | 31 | 31
As the Court has already held, although Directive 89/665 has not formally laid down the time from which the possibility of review, as provided for in Article 1(1), must be open, the objective of that directive, as referred to in the preceding paragraph, does not authorise Member States to make the exercise of the ... | 2017-04-05 |
110,448 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 37 | 2021-03-24 | More specifically, a national law which requires, in any event, a tenderer to wait for a decision awarding the contract in question before it may apply for a review of a decision allowing another tenderer to participate in that procurement procedure would infringe the provisions of Directive 92/13 (see, by analogy,... | 62015CJ0391 | Marina del Mediterráneo SL and Others v Agencia Pública de Puertos de Andalucía. | 34 | 34
As regards, more specifically, a decision such as that at issue in the main proceedings allowing a tenderer to participate in a public procurement procedure, the fact that the national legislation at issue in the main proceedings requires, in all cases, a tenderer to wait for a decision awarding the contract in qu... | 2017-04-05 |
110,449 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 35 | 2021-03-24 | Furthermore, as follows from the second recital of Directive 92/13, that directive is intended to strengthen the existing mechanisms, both at national and EU levels, to ensure the effective application of the directives relating to public procurement. To that end, the fourth subparagraph of Article 1(1) of that directi... | 62015CJ0391 | Marina del Mediterráneo SL and Others v Agencia Pública de Puertos de Andalucía. | 30 | 30
As regards the time from which review procedures must be available, it is appropriate to recall that, as is apparent from its first and second recitals, Directive 89/665 is intended to strengthen the existing mechanisms, both at national and EU levels, to ensure the effective application of the directives relating... | 2017-04-05 |
110,450 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 40 | 2021-03-24 | Moreover, in paragraph 29 of the judgment of 5 April 2016, PFE (C‑689/13, EU:C:2016:199), the Court noted that the fact that differing pleas have been advanced by the tenderers who were excluded from the procurement procedure at issue is not relevant for the application of the case-law principle recalled in paragraph 3... | 62013CJ0689 | Puligienica Facility Esco SpA (PFE) v Airgest SpA. | 29 | 29
The number of participants in the public procurement procedure concerned as well as the number of participants who have instigated review procedures and the differing legal grounds relied on by those participants are irrelevant to the question of the applicability of the principle established by the Fastweb (C‑100... | 2016-04-05 |
110,451 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 31 | 2021-03-24 | Tasked with interpreting the provisions of Article 1(3) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L 395, p.33), the Cour... | 62013CJ0689 | Puligienica Facility Esco SpA (PFE) v Airgest SpA. | 27 | 27
In such a situation, both of the tenderers have an interest in obtaining a particular contract. On the one hand, the exclusion of one tenderer may lead to the other being awarded the contract directly in the same procedure. On the other, if both tenderers are excluded and a new public procurement procedure is laun... | 2016-04-05 |
110,452 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 23 | 2021-03-24 | According to settled case-law, although questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining, and the accuracy of which is not a matter for the Court of Justice to determine, enjoy a presumption of relevance, the fact ... | 62019CJ0924 | FMS and Others v Országos Idegenrendészeti Főigazgatóság Dél-alföldi Regionális Igazgatóság and Országos Idegenrendészeti Főigazgatóság. | 167 | According to a consistent line of decisions, although questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining, and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance, the fa... | 2020-05-14 |
110,453 | 62019CJ0771 | NAMA Symvouloi Michanikoi kai Meletites A.E. – LDK Symvouloi Michanikoi A.E. and Others v Archi Exetasis Prodikastikon Prosfigon (AEPP) and Attiko Metro AE. | 23 | 2021-03-24 | According to settled case-law, although questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining, and the accuracy of which is not a matter for the Court of Justice to determine, enjoy a presumption of relevance, the fact ... | 62019CJ0924 | FMS and Others v Országos Idegenrendészeti Főigazgatóság Dél-alföldi Regionális Igazgatóság and Országos Idegenrendészeti Főigazgatóság. | 168 | Furthermore, under Article 94(c) of the Rules of Procedure, the referring court must set out precisely the reasons for its uncertainty as to the interpretation of EU law (judgment of 20 December 2017, Asociación Profesional Elite Taxi, C‑434/15, EU:C:2017:981, paragraph 28). | 2020-05-14 |
110,454 | 62019CJ0294 | Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea v SC Piscicola Tulcea SA and Ira Invest SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea. | 62 | 2021-04-29 | 62
It is settled case-law that classification as ‘arable land’ and, consequently, as an ‘agricultural area’, for the purposes of those provisions, depends on the actual use of the land in question (see, to that effect, judgments of 14 October 2010, Landkreis Bad Dürkheim, C‑61/09, EU:C:2010:606, paragraph 37; of 2 Ju... | 62013CJ0422 | Landesamt für Landwirtschaft, Umwelt und ländliche Räume des Landes Schleswig-Holstein v Dr. med. vet. Uta Wree. | 36 | 36. Next, the categorisation of the areas at issue as ‘permanent pasture’ within the meaning of Article 2(c) of Regulation No 1120/2009 depends on the actual use of the land in question, so that an area must be classified as ‘agricultural’ where it is used as ‘permanent pasture’ within the meaning of that provision (se... | 2015-07-02 |
110,455 | 62019CJ0294 | Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea v SC Piscicola Tulcea SA and Ira Invest SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea. | 64 | 2021-04-29 | 64
In addition, it should be borne in mind that, in order to be eligible for the aid in question, the areas at issue in the main proceedings must be agricultural areas, be part of a farmer’s holding and be used for agricultural activities or, where the areas are used as well for non-agricultural activities, predomina... | 62013CJ0684 | Johannes Demmer v Fødevareministeriets Klagecenter. | 54 | 54. Therefore, in order to be eligible for the aid in question, the area at issue in the main proceedings must be an agricultural area, be part of a farmer’s holding and be used for agricultural activities or, where the area is used as well for non-agricultural activities, predominantly used for agricultural activities... | 2015-07-02 |
110,456 | 62019CJ0294 | Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea v SC Piscicola Tulcea SA and Ira Invest SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea. | 54 | 2021-04-29 | 54
Regarding Case C‑294/19, it should be noted at the outset that the relevant period relating to the facts in the main proceedings is from 2007 to 2014 and, before 1 January 2009, the applicable regulation during the period from 2007 to that date was Regulation No 1782/2003 (see, to that effect, judgment of 2 July 2... | 62013CJ0684 | Johannes Demmer v Fødevareministeriets Klagecenter. | 50 | 50. Given the period that is relevant for the facts in the main proceedings, namely 2005 to 2009, both regulations are applicable ratione temporis . It should be remembered, however, that there is a discrepancy between the wording of Article 44(2) of Regulation No 1782/2003 and that of Article 34(2)(a) of Regulation No... | 2015-07-02 |
110,457 | 62019CJ0294 | Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea v SC Piscicola Tulcea SA and Ira Invest SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea. | 55 | 2021-04-29 | 55
Nevertheless, the Court held that the concept of ‘eligible hectare’ as defined in Article 34(2)(a) of Regulation No 73/2009 is the same as that of ‘eligible hectare’ within the meaning of Article 44(2) of Regulation No 1782/2003 and that, therefore, the interpretation of that first provision also applies to the se... | 62013CJ0684 | Johannes Demmer v Fødevareministeriets Klagecenter. | 53 | 53. In those circumstances, the first and second questions must be considered in the light of the concept of ‘eligible hectare’ as defined in Article 34(2)(a) of Regulation No 73/2009 for the entire 2005-2009 period. | 2015-07-02 |
110,458 | 62019CJ0294 | Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea v SC Piscicola Tulcea SA and Ira Invest SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea. | 62 | 2021-04-29 | 62
It is settled case-law that classification as ‘arable land’ and, consequently, as an ‘agricultural area’, for the purposes of those provisions, depends on the actual use of the land in question (see, to that effect, judgments of 14 October 2010, Landkreis Bad Dürkheim, C‑61/09, EU:C:2010:606, paragraph 37; of 2 Ju... | 62013CJ0684 | Johannes Demmer v Fødevareministeriets Klagecenter. | 56 | 56. In the dispute in the main proceedings, it is common ground that the areas in question were used by Mr Demmer with a view to harvesting grass for the production of feed pellets. It should be clarified in that regard that, as they were being used as ‘permanent pasture’ within the meaning of Article 2(2) of Regulatio... | 2015-07-02 |
110,459 | 62019CJ0294 | Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea v SC Piscicola Tulcea SA and Ira Invest SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea. | 54 | 2021-04-29 | 54
Regarding Case C‑294/19, it should be noted at the outset that the relevant period relating to the facts in the main proceedings is from 2007 to 2014 and, before 1 January 2009, the applicable regulation during the period from 2007 to that date was Regulation No 1782/2003 (see, to that effect, judgment of 2 July 2... | 62013CJ0684 | Johannes Demmer v Fødevareministeriets Klagecenter. | 49 | 49. Regulation No 1782/2003 was replaced by Regulation No 73/2009 with effect from 1 January 2009. Under Article 34(2)(a) of Regulation No 73/2009, any agricultural area of the holding that is used for an agricultural activity — or, where the area is used also for non-agricultural activities, predominantly used for agr... | 2015-07-02 |
110,460 | 62019CJ0294 | Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea v SC Piscicola Tulcea SA and Ira Invest SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea. | 55 | 2021-04-29 | 55
Nevertheless, the Court held that the concept of ‘eligible hectare’ as defined in Article 34(2)(a) of Regulation No 73/2009 is the same as that of ‘eligible hectare’ within the meaning of Article 44(2) of Regulation No 1782/2003 and that, therefore, the interpretation of that first provision also applies to the se... | 62013CJ0684 | Johannes Demmer v Fødevareministeriets Klagecenter. | 52 | 52. However, given that it is not unusual for an agricultural area to be used for both agricultural and non-agricultural activities and there is nothing in the travaux préparatoires for Regulation No 73/2009 to indicate an intention on the part of the legislature to alter the definition of ‘eligible area’ as defined i... | 2015-07-02 |
110,461 | 62019CJ0294 | Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea v SC Piscicola Tulcea SA and Ira Invest SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea. | 62 | 2021-04-29 | 62
It is settled case-law that classification as ‘arable land’ and, consequently, as an ‘agricultural area’, for the purposes of those provisions, depends on the actual use of the land in question (see, to that effect, judgments of 14 October 2010, Landkreis Bad Dürkheim, C‑61/09, EU:C:2010:606, paragraph 37; of 2 Ju... | 62009CJ0061 | Landkreis Bad Dürkheim v Aufsichts- und Dienstleistungsdirektion. | 37 | 37. It follows from the provisions referred to in paragraphs 32 to 36 of the present judgment that classification as ‘arable land’ or ‘permanent pasture’ and, consequently, as ‘agricultural area’, depends on the actual use of the land in question. Thus, an area must be classified as agricultural where is it used as ara... | 2010-10-14 |
110,462 | 62019CJ0294 | Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea v SC Piscicola Tulcea SA and Ira Invest SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Tulcea. | 63 | 2021-04-29 | 63
It follows that an area must be classified as ‘agricultural’ where it is actually used as ‘arable land’ within the meaning of the provisions recalled in paragraph 61 of the present judgment (see, by analogy, judgment of 14 October 2010, Landkreis Bad Dürkheim, C‑61/09, EU:C:2010:606, paragraph 37) and that that cl... | 62009CJ0061 | Landkreis Bad Dürkheim v Aufsichts- und Dienstleistungsdirektion. | 37 | 37. It follows from the provisions referred to in paragraphs 32 to 36 of the present judgment that classification as ‘arable land’ or ‘permanent pasture’ and, consequently, as ‘agricultural area’, depends on the actual use of the land in question. Thus, an area must be classified as agricultural where is it used as ara... | 2010-10-14 |
110,463 | 62019CJ0458 | ClientEarth v European Commission. | 133 | 2021-10-06 | 133
The appellant also submits that, contrary to what the General Court held, the precautionary principle is not limited to conferring on public authorities the power to adopt a specific measure, but must be applied when those authorities act, as is apparent from, inter alia, the judgments of 9 September 2011, Dow Ag... | 62016CJ0528 | Confédération paysanne and Others v Premier ministre and Ministre de l’agriculture, de l’agroalimentaire et de la forêt. | 50 | 50
Furthermore, it has been emphasised, in recital 8 of that directive, that the precautionary principle was taken into account in the drafting of the directive and must also be taken into account in its implementation. Emphasis is also placed, in recital 55 of Directive 2001/18, on the need to follow closely the dev... | 2018-07-25 |
110,464 | 62019CJ0458 | ClientEarth v European Commission. | 60 | 2021-10-06 | 60
In this regard, it must be noted that it follows from the Court’s case-law that, in order to state in the manner required the grounds for conducting the review, a party requesting the internal review of an administrative act under environmental law is required to put forward facts or legal arguments of sufficient ... | 62017CJ0082 | TestBioTech eV and Others v European Commission. | 69 | 69
Accordingly, the General Court was correct in holding, in essence, in paragraphs 67, 83 and 88 of the judgment under appeal, that, in order to state in the manner required the grounds for conducting the review, a party requesting the internal review of an administrative act under environmental law is required to p... | 2019-09-12 |
110,465 | 62019CJ0480 | Proceedings brought by E. | 27 | 2021-04-29 | 27
In particular, a difference in treatment, where it leads to less favourable treatment of the income of a resident of a Member State originating in another Member State in comparison with the treatment of income originating in the first Member State, is liable to dissuade such a resident from investing his or her c... | 62016CJ0685 | EV v Finanzamt Lippstadt. | 63 | 63
Consequently, it must be held that, by submitting the tax deductibility of dividends paid by subsidiaries established in non-member States to stricter conditions than those applying to dividends paid by resident companies, the legislation at issue in the main proceedings is likely to dissuade resident parent compa... | 2018-09-20 |
110,466 | 62019CJ0480 | Proceedings brought by E. | 27 | 2021-04-29 | 27
In particular, a difference in treatment, where it leads to less favourable treatment of the income of a resident of a Member State originating in another Member State in comparison with the treatment of income originating in the first Member State, is liable to dissuade such a resident from investing his or her c... | 62008CJ0436 | Haribo Lakritzen Hans Riegel BetriebsgmbH (C-436/08) and Österreichische Salinen AG (C-437/08) v Finanzamt Linz. | 80 | 80. The difference in treatment to which portfolio dividends are subject has the effect of discouraging companies resident in Austria from investing capital in companies established in other Member States and in non‑member States party to the EEA Agreement. Since, in Austria, dividends received from companies establish... | 2011-02-10 |
110,467 | 62019CJ0480 | Proceedings brought by E. | 56 | 2021-04-29 | 56
It should be recalled that, according to the Court’s settled case-law, a restriction on the free movement of capital is permissible if it is justified by overriding reasons in the public interest, if it is suitable for securing the attainment of the objective which it pursues and if it does not go beyond what is n... | 62017CJ0135 | X-GmbH v Finanzamt Stuttgart - Körperschaften. | 70 | 70
According to the Court’s settled case-law, a restriction on the free movement of capital is permissible only if it is justified by overriding reasons in the public interest and, if that is the case, only if it is suitable for securing the attainment of the objective in question and does not go beyond what is neces... | 2019-02-26 |
110,468 | 62019CJ0480 | Proceedings brought by E. | 25 | 2021-04-29 | 25
According to the Court’s case-law, the Member States must exercise their competence in the area of direct taxation in a manner that is compatible with EU law and, in particular, with the fundamental freedoms guaranteed by the FEU Treaty (see, to that effect, judgment of 18 June 2019, Austria v Germany, C‑591/17, E... | 62017CJ0591 | Republic of Austria v Federal Republic of Germany. | 56 | 56
It must be recalled that, according to settled case-law, the Member States must exercise their competence in the area of direct taxation in a way that is compatible with EU law and, in particular, with the fundamental freedoms guaranteed by the FEU Treaty (judgments of 21 March 2002, Cura Anlagen, C‑451/99, EU:C:2... | 2019-06-18 |
110,469 | 62019CJ0480 | Proceedings brought by E. | 56 | 2021-04-29 | 56
It should be recalled that, according to the Court’s settled case-law, a restriction on the free movement of capital is permissible if it is justified by overriding reasons in the public interest, if it is suitable for securing the attainment of the objective which it pursues and if it does not go beyond what is n... | 62017CJ0156 | Köln-Aktienfonds Deka v Staatssecretaris van Financiën. | 83 | 83
Such a restriction is permissible if it is justified only by overriding reasons in the public interest, if it is appropriate for ensuring the attainment of the objective that it pursues and does not go beyond what is necessary to attain it (judgment of 24 November 2016, SECIL, C‑464/14, EU:C:2016:896, paragraph 56... | 2020-01-30 |
110,470 | 62019CJ0480 | Proceedings brought by E. | 27 | 2021-04-29 | 27
In particular, a difference in treatment, where it leads to less favourable treatment of the income of a resident of a Member State originating in another Member State in comparison with the treatment of income originating in the first Member State, is liable to dissuade such a resident from investing his or her c... | 62014CJ0464 | SECIL - Companhia Geral de Cal e Cimento SA v Fazenda Pública. | 50 | 50
That difference in treatment is liable to discourage companies resident in Portugal from investing their capital in companies established in non-member States such as the Republic of Tunisia and the Republic of Lebanon. To the extent that the income from capital originating in non-member States receives less favou... | 2016-11-24 |
110,471 | 62019CJ0480 | Proceedings brought by E. | 30 | 2021-04-29 | 30
The Court has also held that a distinction must, therefore, be made between the differences in treatment authorised under Article 65(1)(a) TFEU and the discrimination prohibited by Article 65(3) TFEU. Before national tax legislation can be regarded as compatible with the Treaty provisions on the free movement of c... | 62018CJ0565 | Société Générale S.A. v Agenzia delle Entrate – Direzione Regionale Lombardia Ufficio Contenzioso. | 24 | 24
La Cour a également jugé qu’il y a lieu, dès lors, de distinguer les différences de traitement permises au titre de l’article 65, paragraphe 1, sous a), TFUE des discriminations interdites par l’article 65, paragraphe 3, TFUE. Or, pour qu’une législation fiscale nationale puisse être considérée comme compatible av... | 2020-04-30 |
110,472 | 62019CJ0480 | Proceedings brought by E. | 26 | 2021-04-29 | 26
Article 63(1) TFEU generally prohibits restrictions on movements of capital between Member States (judgment of 16 September 2020, Romenergo and Aris Capital, C‑339/19, EU:C:2020:709, paragraph 31 and the case-law cited). The measures prohibited by that provision, as restrictions on the movement of capital, include... | 62018CJ0565 | Société Générale S.A. v Agenzia delle Entrate – Direzione Regionale Lombardia Ufficio Contenzioso. | 22 | 22
Ensuite, conformément à la jurisprudence de la Cour, les mesures interdites par l’article 63, paragraphe 1, TFUE, en tant que restrictions aux mouvements de capitaux, comprennent celles qui sont de nature à dissuader les non-résidents de faire des investissements dans un État membre ou à dissuader les résidents du... | 2020-04-30 |
110,473 | 62019CJ0480 | Proceedings brought by E. | 49 | 2021-04-29 | 49
Secondly, it is clear from the Court’s case-law that the comparability of a cross-border situation with an internal one must be examined having regard to the objective pursued by the national provisions at issue as well as their purpose and content, and that only the relevant distinguishing criteria established by... | 62016CJ0480 | Fidelity Funds and Others v Skatteministeriet. | 51 | 51
Moreover, only the relevant distinguishing criteria established by the legislation in question must be taken into account in determining whether the difference in treatment resulting from that legislation reflects an objectively different situation (judgments of 10 May 2012 in Santander Asset Management SGIIC and ... | 2018-06-21 |
110,474 | 62019CJ0480 | Proceedings brought by E. | 29 | 2021-04-29 | 29
In so far as that provision constitutes a derogation from the fundamental principle of the free movement of capital, it must be interpreted strictly. Consequently, it cannot be interpreted as meaning that all tax legislation which draws a distinction between taxpayers on the basis of their place of residence or of... | 62016CJ0480 | Fidelity Funds and Others v Skatteministeriet. | 47 | 47
In so far as that provision is a derogation from the fundamental principle of the free movement of capital, it must be interpreted strictly. Accordingly, it cannot be interpreted as meaning that all tax legislation which draws a distinction between taxpayers on the basis of their place of residence or the State in... | 2018-06-21 |
110,475 | 62019CJ0480 | Proceedings brought by E. | 49 | 2021-04-29 | 49
Secondly, it is clear from the Court’s case-law that the comparability of a cross-border situation with an internal one must be examined having regard to the objective pursued by the national provisions at issue as well as their purpose and content, and that only the relevant distinguishing criteria established by... | 62016CJ0480 | Fidelity Funds and Others v Skatteministeriet. | 50 | 50
In that regard, it is clear from the Court’s case-law that the comparability of a cross-border situation with an internal one must be examined having regard to the aim pursued by the national provisions at issue as well as their purpose and content (judgment of 2 June 2016, Pensioenfonds Metaal en Techniek, C‑252/... | 2018-06-21 |
110,476 | 62019CJ0480 | Proceedings brought by E. | 26 | 2021-04-29 | 26
Article 63(1) TFEU generally prohibits restrictions on movements of capital between Member States (judgment of 16 September 2020, Romenergo and Aris Capital, C‑339/19, EU:C:2020:709, paragraph 31 and the case-law cited). The measures prohibited by that provision, as restrictions on the movement of capital, include... | 62019CJ0339 | SC Romenergo SA and Aris Capital SA v Autoritatea de Supraveghere Financiară. | 31 | According to settled case-law of the Court, that provision generally prohibits restrictions on movements of capital between Member States (judgment of 6 March 2018, SEGRO and Horváth, C‑52/16 and C‑113/16, EU:C:2018:157, paragraph 61 and the case-law cited). | 2020-09-16 |
110,477 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 39 | 2021-05-06 | 39
By contrast, it must be held that the objections to the General Court’s reasoning are unfounded. As the General Court correctly noted, it follows from the case-law that, under the fourth paragraph of Article 263 TFEU, a natural or legal person may challenge only measures the legal effects of which are binding on, ... | 62017CJ0183 | International Management Group v European Commission. | 51 | 51
As regards, in the first place, the Commission’s arguments referred to in paragraph 45 above based on its claim that the decisions at issue do not have binding legal effects, it is settled case-law that any provision or measure adopted by EU institutions, bodies, offices and agencies, whatever form they might take... | 2019-01-31 |
110,478 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 41 | 2021-05-06 | 41
In that regard, the Court has stated that examining the substance of an act involves assessing its effects on the basis of objective criteria, such as the content of the act in question, taking into account, as appropriate, the context in which it was adopted and the powers of the EU institution, body, office or a... | 62018CJ0575 | Czech Republic v European Commission. | 47 | 47
In order to determine whether the contested act produces such effects, it is necessary to examine the substance of that act and to assess those effects on the basis of objective criteria, such as the content of that act, taking into account, as appropriate, the context in which it was adopted and the powers of the... | 2020-07-09 |
110,479 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 41 | 2021-05-06 | 41
In that regard, the Court has stated that examining the substance of an act involves assessing its effects on the basis of objective criteria, such as the content of the act in question, taking into account, as appropriate, the context in which it was adopted and the powers of the EU institution, body, office or a... | 62015CJ0599 | Romania v European Commission. | 49 | 49
In the order under appeal, the General Court ruled on the Commission’s plea of inadmissibility without going to the substance of the case. As explained in paragraphs 21 and 22 of the present judgment, following an examination of the division of powers between the Commission and the Member States regarding the dete... | 2017-10-25 |
110,480 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 41 | 2021-05-06 | 41
In that regard, the Court has stated that examining the substance of an act involves assessing its effects on the basis of objective criteria, such as the content of the act in question, taking into account, as appropriate, the context in which it was adopted and the powers of the EU institution, body, office or a... | 62015CJ0599 | Romania v European Commission. | 52 | 52
The General Court limited itself, in the order under appeal, to an abstract explanation of the obligations and powers of the Member States and the Commission respectively in the area of the Union’s own resources. Since, as is apparent from paragraphs 1 to 7 of the order under appeal, the Commission had sent the le... | 2017-10-25 |
110,481 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 41 | 2021-05-06 | 41
In that regard, the Court has stated that examining the substance of an act involves assessing its effects on the basis of objective criteria, such as the content of the act in question, taking into account, as appropriate, the context in which it was adopted and the powers of the EU institution, body, office or a... | 62015CJ0599 | Romania v European Commission. | 51 | 51
First, it is indeed the case that the General Court based its assessment of the actionable nature of the letter at issue, essentially, on an examination of the powers of the Commission on the basis of the provisions of Decision 2007/436 and of Regulation No 1150/2000. In so doing, contrary to the allegations of Ro... | 2017-10-25 |
110,482 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 41 | 2021-05-06 | 41
In that regard, the Court has stated that examining the substance of an act involves assessing its effects on the basis of objective criteria, such as the content of the act in question, taking into account, as appropriate, the context in which it was adopted and the powers of the EU institution, body, office or a... | 62015CJ0599 | Romania v European Commission. | 55 | 55
Finally, however, it should be pointed out that, as Romania rightly points out, the General Court merely examined the powers of the institution which adopted the measure, without carrying out an analysis of the content of the letter at issue, contrary to the requirements of the case-law referred to in paragraph 48... | 2017-10-25 |
110,483 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 40 | 2021-05-06 | 40
In order to determine whether the acts at issue constitute preparatory measures, as the General Court held in the orders under appeal, or whether they are, as the appellants maintain, acts which are open to challenge, for the purposes of Article 263 TFEU, it is necessary to look to the actual substance of those ac... | 62006CJ0521 | Athinaïki Techniki AE v Commission of the European Communities. | 42 | 42. It is apparent from settled case-law concerning the admissibility of actions for annulment that it is necessary to look to the substance of the contested acts, as well as the intention of those who drafted them, to classify those acts. In that regard, it is in principle those measures which definitively determine t... | 2008-07-17 |
110,484 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 42 | 2021-05-06 | 42
In so far as the appellants make the intention which they ascribe to the ECB when it adopted the acts at issue one of the central elements of the first ground of appeal, it must also be stated that the Court has emphasised that, while it is clear from the case-law that it is possible to take into consideration a s... | 62018CJ0471 | Federal Republic of Germany v Esso Raffinage. | 65 | 65
Lastly, while it is clear from the Court’s case-law that it is also possible to take into consideration a subjective criterion relating to the intention that led the institution, body, office or agency of the Union which drafted the contested act to adopt it (see, to that effect, judgments of 17 July 2008, Athinaï... | 2021-01-21 |
110,485 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 47 | 2021-05-06 | 47
While it is, moreover, true that any decision-making act of an EU institution, body, office or agency must comply with the general principles of EU law, which include the principle of proportionality (see, to that effect, judgment of 11 June 2009, Nijemeisland, C‑170/08, EU:C:2009:369, paragraph 41 and the case-la... | 62008CJ0170 | H. J. Nijemeisland v Minister van Landbouw, Natuur en Voedselkwaliteit. | 41 | 41. First, the principle of proportionality is a general principle of Community law that must be observed by the Community legislature and by the national legislatures and courts, in particular with regard to the common agricultural policy. That principle requires that measures adopted by Community institutions should ... | 2009-06-11 |
110,486 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 39 | 2021-05-06 | 39
By contrast, it must be held that the objections to the General Court’s reasoning are unfounded. As the General Court correctly noted, it follows from the case-law that, under the fourth paragraph of Article 263 TFEU, a natural or legal person may challenge only measures the legal effects of which are binding on, ... | 62010CJ0463 | Deutsche Post AG and Federal Republic of Germany v European Commission. | 50 | 50. In that regard, admittedly, intermediate measures whose aim is to prepare the final decision do not, in principle, constitute acts which may form the subject-matter of an action for annulment ( IBM v Commission , paragraph 10; Athinaïki Techniki v Commission , paragraph 42; Case C‑362/08 P Internationaler Hilfsfo... | 2011-10-13 |
110,487 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 40 | 2021-05-06 | 40
In order to determine whether the acts at issue constitute preparatory measures, as the General Court held in the orders under appeal, or whether they are, as the appellants maintain, acts which are open to challenge, for the purposes of Article 263 TFEU, it is necessary to look to the actual substance of those ac... | 62009CJ0322 | NDSHT Nya Destination Stockholm Hotell & Teaterpaket AB v European Commission. | 46 | 46. It follows also from settled case-law concerning the admissibility of actions for annulment that it is necessary to look to the actual substance of the acts challenged in order to classify them (see, in particular, Case 60/81 IBM v Commission [1981] ECR 2639, paragraph 9, and Case C‑147/96 Netherlands v Commissi... | 2010-11-18 |
110,488 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 46 | 2021-05-06 | 46
Yet the presumption for which the appellants seek recognition is incompatible with the requirement that, in the case of any given act, its possibly binding nature must be determined in the light of its substance and the intention of those who drafted it, which accords with the case-law recalled in paragraphs 40 to... | 62009CJ0322 | NDSHT Nya Destination Stockholm Hotell & Teaterpaket AB v European Commission. | 47 | 47. By contrast, the form in which an act or decision is adopted is in principle irrelevant to the right to challenge such acts or decisions by way of an action for annulment. It is therefore, in principle, irrelevant for the classification of the act in question whether or not it satisfies certain formal requirements,... | 2010-11-18 |
110,489 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 39 | 2021-05-06 | 39
By contrast, it must be held that the objections to the General Court’s reasoning are unfounded. As the General Court correctly noted, it follows from the case-law that, under the fourth paragraph of Article 263 TFEU, a natural or legal person may challenge only measures the legal effects of which are binding on, ... | 62009CJ0322 | NDSHT Nya Destination Stockholm Hotell & Teaterpaket AB v European Commission. | 48 | 48. Furthermore, it is in principle those measures which definitively determine the position of the Commission upon the conclusion of an administrative procedure, and which are intended to have legal effects capable of affecting the interests of the complainant, that constitute acts open to challenge for the purposes o... | 2010-11-18 |
110,490 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 39 | 2021-05-06 | 39
By contrast, it must be held that the objections to the General Court’s reasoning are unfounded. As the General Court correctly noted, it follows from the case-law that, under the fourth paragraph of Article 263 TFEU, a natural or legal person may challenge only measures the legal effects of which are binding on, ... | 62003CJ0131 | R.J. Reynolds Tobacco Holdings, Inc. and Others v Commission of the European Communities. | 54 | 54. As regards the first part of that plea in law, as the Court of First Instance rightly pointed out in paragraph 77 of the judgment under appeal, it is settled case-law that only measures the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct c... | 2006-09-12 |
110,491 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 41 | 2021-05-06 | 41
In that regard, the Court has stated that examining the substance of an act involves assessing its effects on the basis of objective criteria, such as the content of the act in question, taking into account, as appropriate, the context in which it was adopted and the powers of the EU institution, body, office or a... | 62013CJ0031 | Hungary v European Commission. | 55 | 55. Those binding legal effects of a measure must be assessed in accordance with objective criteria, such as the contents of that measure (see, to this effect, inter alia Case 60/81 IBM v Commission [1981] ECR 2639, paragraph 9, and Case C‑57/95 France v Commission [1997] ECR I‑1627, paragraph 9), taking into accou... | 2014-02-13 |
110,492 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 40 | 2021-05-06 | 40
In order to determine whether the acts at issue constitute preparatory measures, as the General Court held in the orders under appeal, or whether they are, as the appellants maintain, acts which are open to challenge, for the purposes of Article 263 TFEU, it is necessary to look to the actual substance of those ac... | 62008CJ0362 | Internationaler Hilfsfonds eV v European Commission. | 52 | 52. It is also apparent from settled case-law concerning the admissibility of actions for annulment that it is necessary to look to the substance of the contested acts, as well as the intention of those who drafted them, to classify those acts. In that regard, it is in principle those measures which definitively determ... | 2010-01-26 |
110,493 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 39 | 2021-05-06 | 39
By contrast, it must be held that the objections to the General Court’s reasoning are unfounded. As the General Court correctly noted, it follows from the case-law that, under the fourth paragraph of Article 263 TFEU, a natural or legal person may challenge only measures the legal effects of which are binding on, ... | 62015CJ0415 | Stichting Woonpunt and Others v European Commission. | 44 | 44
As regards the fact, on which the General Court relied in paragraphs 58, 74 and 86 of the order under appeal, that in the present case that assessment is set out, not in the decision at issue but in the Article 17 letter, it must however be noted that, according to settled case-law of the Court, intermediate measu... | 2017-03-15 |
110,494 | 62019CJ0551 | ABLV Bank AS and Others v European Central Bank. | 39 | 2021-05-06 | 39
By contrast, it must be held that the objections to the General Court’s reasoning are unfounded. As the General Court correctly noted, it follows from the case-law that, under the fourth paragraph of Article 263 TFEU, a natural or legal person may challenge only measures the legal effects of which are binding on, ... | 61981CJ0060 | International Business Machines Corporation v Commission of the European Communities. | 9 | 9 IN ORDER TO ASCERTAIN WHETHER THE MEASURES IN QUESTION ARE ACTS WITHIN THE MEANING OF ARTICLE 173 IT IS NECESSARY , THEREFORE , TO LOOK TO THEIR SUBSTANCE . ACCORDING TO THE CONSISTENT CASE-LAW OF THE COURT ANY MEASURE THE LEGAL EFFECTS OF WHICH ARE BINDING ON , AND CAPABLE OF AFFECTING THE INTERESTS OF , THE APPLICA... | 1981-11-11 |
110,495 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 68 | 2021-10-06 | In that regard, it should be recalled that, according to the Court’s settled case-law, in the context of the cooperation between the Court of Justice and the national courts, the need to provide an interpretation of EU law which will be of use to the national court means that the national court is bound to observe scru... | 62017CJ0152 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 21 | 21
As a preliminary point, it should be recalled that, according to the Court’s settled case-law, in the context of the cooperation between the Court of Justice and the national courts, the need to provide an interpretation of EU law which will be of use to the national court means that the national court is bound to... | 2018-04-19 |
110,496 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 70 | 2021-10-06 | In the present case, it should be stated that, by this request for a preliminary ruling, the referring court has failed to remedy the lacuna established by the Court in paragraph 23 of its judgment of 19 April 2018, Consorzio Italian Management and Catania Multiservizi, (C‑152/17, EU:C:2018:264), in so far as, in brea... | 62017CJ0152 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 23 | 23
It should be noted, in that regard, that the order for reference gives no explanation of the relevance of the interpretation of Article 3(3) TEU or Articles 26, 57, 58 and 101 TFEU for the resolution of the dispute in the main proceedings. The same is true of Article 56 TFEU, in so far as it relates to aspects oth... | 2018-04-19 |
110,497 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 69 | 2021-10-06 | Thus, it is essential, as is stated in Article 94(c) of the Rules of Procedure that the request for a preliminary ruling itself contain a statement of the reasons which prompted the referring court or tribunal to inquire about the interpretation or validity of certain provisions of EU law, and the relationship between ... | 62017CJ0152 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 22 | 22
Thus, it is essential, as is stated in Article 94(a) and (c) of the Rules of Procedure, that the reference for a preliminary ruling itself contain a summary of the relevant findings of fact, or at least, an account of the facts on which the questions are based, and a statement of the reasons which prompted the nat... | 2018-04-19 |
110,498 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 61 | 2021-10-06 | In that regard, it must be recalled that a national court or tribunal of last instance may refrain from referring a question to the Court of Justice for a preliminary ruling on grounds of inadmissibility specific to the procedure before that court or tribunal, subject to compliance with the principles of equivalence an... | 61993CJ0430 | Jeroen van Schijndel and Johannes Nicolaas Cornelis van Veen v Stichting Pensioenfonds voor Fysiotherapeuten. | 17 | 17 In the absence of Community rules governing the matter, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from the direct effect of Communi... | 1995-12-14 |
110,499 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 64 | 2021-10-06 | The Court has thus held that national procedural rules according to which the subject matter of the dispute is determined by the pleas in law put forward at the point in time at which the action was brought are consistent with the principle of effectiveness in so far as they ensure proper conduct of proceedings by, in ... | 61993CJ0430 | Jeroen van Schijndel and Johannes Nicolaas Cornelis van Veen v Stichting Pensioenfonds voor Fysiotherapeuten. | 21 | 21 That limitation is justified by the principle that, in a civil suit, it is for the parties to take the initiative, the court being able to act of its own motion only in exceptional cases where the public interest requires its intervention. That principle reflects conceptions prevailing in most of the Member States a... | 1995-12-14 |
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