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… According to Article 2 EC the Community must promote a high level of and improvement of the quality of the . According to Article 6 EC environmental requirements must be integrated into the definition and implementation of all Community policies and activities. According to Article 174(2) EC the Community's policy on the must be based inter alia on the principle that the polluter should pay. 66. …

… The costs associated with the of the should be included in a firm's production costs (internalisation of costs). The principle can be put into practice through a variety of State measures such as the taxation of pollution or liability rules. 67. …

… At least at first sight it appears moreover that the exemption in issue is or specific in that it favours ‘certain undertakings’ within the meaning of Article 87(1) EC, namely those meat retailers with a turnover below a determined threshold and thus only undertakings of a specified size. 140. The fact that undertakings are treated differently does not, however, automatically imply the existence of a granted economic for the purposes of Article 87(1) EC. …

… It is beyond dispute that the of the is likewise a criterion in the public interest. Reference need only be had to Article 6 EC, which states ‘[e]nvironmental must be integrated into the definition and implementation of the Community policies and activities referred to in Article 3, in particular with a view to promoting sustainable development’. 93. …

… Admittedly, in its judgment in the Evans Medical and Macfarlan Smith case, the Court held that ‘in the most economically tender contracting authorities may choose the criteria which they intend to apply, but their choice may relate only to criteria designed to identify the most economically (30) advantageous tender’. (31) 103. …

… The Austrian Government maintains that the directives relating to public procurement procedures impose two essential restrictions on the of award criteria. First, the criteria chosen by the contracting entity must relate to the contract to be tendered and allow the offer which is economically most for the contracting entity to be ascertained. …

… Those questions have been raised in proceedings between Ms Jippes, residing at Yde (Netherlands), and the Afdeling Groningen van de Nederlandse Vereniging tot Bescherming van Dieren and the Afdeling Assen en omstreken van de Nederlandse Vereniging tot Bescherming van Dieren (Groningen section and Assen and section of the Netherlands Association for the of Animals)(hereinafter 'the appellants'), on the one hand, and the Minister van Landbouw, Natuurbeheer en Visserij (Netherlands …

… In addition, it is necessary to take into consideration the fact that the ban on a general system of preventive vaccination does not preclude recourse, where the circumstances so require, to emergency vaccination in accordance with the requirements of a particular situation. 97. It is not correct to claim that such a policy fails to take into account the protection and health of animals. …

… It follows from the foregoing that, when instituting the policy of non-vaccination, the Council carried out a global assessment of the and drawbacks of the system to be established and that that policy, corresponding to the recommendations of the IOE and the practice followed by numerous countries worldwide, was not on any view manifestly inappropriate in the light of the objective of controlling foot-and-mouth disease. 96. …

… (b) of the 211. The second ground of justification relied on by the interveners, the Commission and Germany is the of the . In that connection they refer, first, to Articles 3(2), 8(3) and 11(3) of the electricity directive and, secondly, to the of the under the Treaty. 212. I am not convinced that the mechanism established by the StrEG 1998 is covered by any of those provisions of the electricity directive. 213. …

… Can the restriction on imports caused by the StrEG 1998 none the less be justified under the Treaty in the interest of environmental ? 216. The of the is not listed in Article 36 of the Treaty. …

… It cannot be justified under Article 36 of the Treaty either since the of the is not included among the interests by that article. In any event, the StrEG 1998 infringes the principle of proportionality. 193. …

… Finally, the argument based on the nature and structure of the Spanish system aimed at promoting the of the and road safety and at modernising the vehicles on the road cannot be accepted. 52. …

… It does not, however, preclude that public measure from having to be regarded as a system of aid constituting a , and therefore specific, measure if, owing to the criteria governing its application, it procures an for certain undertakings or the production of certain goods, to the exclusion of others. 41. …

… In a number of those cases the reasons which the Commission gave for not requiring recovery were connected with the fact that the aid had contributed to the of the , the marginal nature of the advantage granted or, again, legitimate expectations, grounds which should have been accepted in the present case. 157. The applicant concludes that the order addressed to the Kingdom of Spain to recover the aid granted to each of the recipients of the PRI is wholly disproportionate. …

… If some of a manufacturer's criteria, taken individually, are not caught by Article 85(1), the cumulative effect of other networks does not alter that conclusion unless it is established either that there are barriers preventing access to the market by new competitors capable of selling the products in question, so that the distribution systems at issue have the effect of constraining distribution to the of certain existing channels, or that there is no workable competition …

… Large retailers have in fact utterly transformed their marketing methods (see paragraph 59 above) and have succeeded not only in the brand image attaching to technically advanced or luxury products but also in being competitive in terms of the image of those products. 63 However, the Commission left to the manufacturers the task of assessing public `perception' of a shop-name, the formed by the other goods and compliance with the `normal practice' in the sale of luxury products …

… In this case, paragraphs 40 to 46 of the judgment in Metro II must be interpreted to the effect that, if some of Givenchy's criteria, taken individually, are not caught by Article 85(1), the cumulative effect of other networks does not alter that conclusion unless it is established either that there are barriers preventing access to the market by new competitors capable of selling the products in question, so that the distribution systems at issue have the effect of constraining …

… Finally, it appears to follow from Opinion No 1381/1981, delivered by the Greek Council of State on the lawfulness of a draft decree concerning the of the , that an inspection by the administration of the premises of industrial or craft undertakings does not constitute a search of a home within the meaning of Article 9 of the Constitution. 64. …

… They are likely to require on each occasion the production of a search warrant, with the result that the Commission will lose the of surprise. The risk is that the investigations will thus prove fruitless. 145. …

… It should be noted that in its report of 15 May 1984, the House of Lords Committee on the European Communities (14) already pointed out the need for such a course, at least in cases in which there was a danger of objection and the possibility of applying it in England and Wales (paragraph 45 of the report). 146. However, it would be far preferable if a court order could be granted to the Commission' s officials themselves by the Court of Justice of the European Communities. 147. …

… In my view, national measures taken for the of the are capable of constituting "mandatory requirements" recognized by the judgment in "Cassis de Dijon" as limiting the application of Article 30 of the Treaty in the absence of Community rules. …

… It is also to be noted that the Single European Act inserted into Part Three of the EEC Treaty a new Title VII which by Article 130 R includes the preservation, and improvement of the quality of the as one of the objectives of action taken by the Community. …

… Member States are "with due regard for the provisions of the Treaty on the free movement of goods", "either by legislative or administrative means or by voluntary agreements ((to)) take measures designed inter alia" to develop consumer education in the of refilling or recycling containers, to facilitate the refilling and/or recycling of containers and as regards non-refillable containers, to provide for their collection, to retrieve them from household waste, and to maintain …