search

… If, however, the and disadvantages of the different options have similar weight, it becomes more difficult to justify the . In that case, it may become necessary to provide more detailed information on the reasonable alternatives in the environmental report, even if this involves considerable effort. 64. …

… The objectives of the SEA Directive are set out in particular in Article 1: ‘The objective of this Directive is to provide for a high level of of the and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development, by ensuring that, in accordance with this Directive, an environmental assessment is carried out of certain plans and programmes which are likely to have …

… It is disputed whether one of these measures falls under the abovementioned exemption and whether, in the environmental assessment carried out in respect of the second measure, the effects on the of the alternatives were examined sufficiently. II. Legal framework 3. …

… Third, it must confer a on the beneficiary. …

… The of the 80 As regards the condition relating to the grant of a , it follows from the settled case-law of the Court that the assessment of that condition requires a determination as to whether, under a particular legal regime, a national measure is such as to favour ‘certain undertakings or the production of certain goods’ over others which, in the light of the objective pursued by that regime, are in a comparable factual and legal situation and which are …

… on national producers of green electricity. …

… Third, it must confer a on the beneficiary. …

… of the within it. - The proportionality of limiting PHV service licences to one thirtieth of taxi service licences 94 As the Advocate General pointed out in points 80 and 81 of his Opinion, the proceedings before the Court have revealed no evidence that the measure limiting PHV licences to one thirtieth of taxi licences is capable of guaranteeing the achievement of the objectives of sound management of transport, traffic and public space and of of the . 95 In that …

… of its , or that it does not go beyond what is necessary in order to attain those objectives. …

… Subject to paragraph 1 and to Articles 9 and 10, Member States may take into account, in establishing the rules for the procedure, considerations of public health, social policy objectives, the health and safety of employees or self-employed persons, the of the , the preservation of cultural heritage and other overriding reasons relating to the public interest, in conformity with Community law.’ 9 Article 44 of Directive 2006/123, entitled ‘Transposition’, provides …

… In the cases referred to in paragraph 1, authorisation shall be granted for an appropriate limited period and may not be open to automatic renewal nor confer any other on the provider whose authorisation has just expired or on any person having any particular links with that provider. 3. …

… . …’ 7 Under Article 1(1) of that directive: ‘This Directive establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services, while maintaining a high quality of services.’ 8 Article 12 of that directive, entitled ‘ from among several candidates’, is worded as follows: ‘1. …

… Or is the implementation of such a programme included in the activities of the municipality as a public authority which are undertaken in order to fulfil its tasks of the health and life of its residents and the , in which connection the municipality is not regarded as a taxable person for VAT purposes?’ …

… 26 of the present judgment, and that, on that basis, that municipality will receive from that undertaking an invoice which it alone will pay, since the residents concerned make no payment in consideration for the asbestos removal and the collection of asbestos products and waste. 29 It should therefore be noted that the conferred on that municipality in consideration for the payment lies not only, with regard to the residents concerned, in the removal of the danger to human health and …

… In that regard, it must be stated that those transactions constitute a supply of services within the meaning of Article 24(1) of that directive. 27 However, it is for the referring court to determine who is the supplier and who is the recipient of that supply of services. 28 In that regard, it is apparent from the order for reference that a contract must be concluded between the Municipality of L. and the undertaking which the latter has , relating to the transactions referred to in paragraph …

… The applicants in the main proceedings emphasise, in the first place, the importance of the principles of legitimate expectation in the maintenance of legislation that health and the , of non-regression in relation to the of health and the and of precaution in the context of the interpretation and application of Directive 2001/18. 32. …

… The report lists other of in vitro culture for random mutagenesis by comparison with random mutagenesis applied in vivo, (29) in particular the uniformity of the treatment and the greater ease with which mutations of greater interest can be . 49. …

… The EFSA report also addresses the somaclonal variations, referred to in the first question, not as a problem for the safety of random mutagenesis applied in vitro, but as a mechanism specific to in vitro culture itself which may prove in the mutagenesis process, in that it triggers additional mutations, from which the desired mutation may then be . …

… After all, for a change of status of certain waste to take place, it is necessary to ensure that the product in question is not harmful. (37) That is all the more so given that, as the Court has recently indicated, end-of-waste status results in the end of the that the law governing waste guarantees as regards the and human health. (38) That is the reason why, during the recovery of waste, a high level of of the and human health must be guaranteed, (39 …

… According to Article 1 of Directive 2008/98, in the version applicable to the main proceedings, (5) that directive lays down ‘measures to the and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use’. 5. …

… In the Court’s view, it would not be justified to make a substance or object which the holder intends to exploit or market on economically advantageous terms, within a subsequent recovery process, subject to the strict requirements of Directive 2008/98 on and human health . (15) 3. Uncontaminated top-quality excavated soil requested for the levelling and improvement of cultivation land 31. …

… The right to rely on the principle of the of legitimate expectations extends only to a person in a situation in which an administrative authority has caused that person to entertain expectations which are justified by precise unconditional and consistent assurances provided to him or her and originating from authorised, reliable sources. …

… or which unduly restrict the access of economic operators to public contracts and which are not proportionate to the subject matter, value, complexity, quantity or scope of the public contract. …’ 14 In accordance with Article 59 of that law: ‘(1) The contracting authority may lay down criteria for candidates or tenderers in relation to: … 3. technical and professional ability. (2) Contracting authorities may apply to candidates or tenderers only the selection criteria set out in this …

… European Union (TFEU), and in particular the principles of free movement of goods, freedom of establishment, freedom to provide services and mutual recognition, as well as the principles deriving therefrom: 1. equality and prohibition of all discrimination; 2. free competition; 3. proportionality; 4. publicity and transparency. (2) In the award of public contracts, contracting authorities shall not be empowered to restrict competition by imposing conditions or requirements which result in an undue …

… Third, it must confer a on the recipient. …

… In those circumstances, the Romanian State intervened by granting those companies guaranteed access to the transmission systems and priority access with the obligation to purchase ancillary services. 27 Fondul Proprietatea considers that those measures confer on those two companies a economic financed through State resources to the detriment of other electricity generators on the market. …

… on the recipient electricity generators in comparison with their competitors, an which they would not have obtained under normal market conditions. …

… Third, it must confer a on the recipient. Fourth, it must distort or threaten to distort competition. (see, inter alia, judgment of 6 March 2018, Commission v FIH Holding and FIH Erhvervsbank, C-579/16 P, EU:C:2018:159, paragraph 43 and the case-law cited). …

… of the is therefore capable of justifying a restriction on the use of the right to property (judgment of 15 January 2013, Križan and Others, C-416/10, EU:C:2013:8, paragraph 114 and the case-law cited). 35 Second, it does not appear, subject to any review by the referring court in this respect, that measures such as those at issue in the main proceedings, thus taken for the purposes of nature and the , under the ‘Birds’ Directive and the ‘Habitats’ Directive …

… of the is one of those objectives of general interest (see, to that effect, judgment of 9 March 2010, ERG and Others, C-379/08 and C-380/08, EU:C:2010:127, paragraph 81 and the case-law cited). …