Order — ECLI:EU:C:2011:758
Date: 2011-11-18
Language of the case: Italian
Court formation: Seventh Chamber
Subject matter: Agriculture and Fisheries;Principles, objectives and tasks of the Treaties
Procedure: Reference for a preliminary ruling
Origin: Italy

Reference for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 27 October 2010 - Giovanni Colapietro v Ispettorato Centrale Repressioni Frodi (Case C-519/10) Language of the case: Italian Referring court Tribunale di Bari Parties to the main proceedings Applicant: Giovanni Colapietro Defendant: Ispettorato Centrale Repressioni Frodi Questions referred What is the scope of Regulation (EEC) No 822/87, 1 that is to say, its spatial and temporal application, and the purpose thereof as regards penalties, with respect to the 1993/94 wine year, the period to which the case at issue relates? Is it true that Article 39 of Regulation (EEC) No 822/87 was implemented, in respect of the 1993/94 wine year, by Regulation (EEC) No 343/94 2 of 15 February 1994 and replaced with that regulation? Is the application of the fine of LIT 390 250 000 (now EUR 201 547.30 - two hundred and one thousand five hundred and forty seven point 30 euros) for failure to deliver for compulsory distillation - in respect of the 1993/94 wine year - 7 084.87 hl of table wine, that volume having been calculated by applying the compulsory distillation quota to the lees produced (15 155 hl) (the yield being 126 hl/ha and the compulsory distillation quota being 51.5%, in accordance with Regulation (EEC) No 610/94) 3 disproportionate in effect to the offences and in breach of the principle of fair punishment, which has been set out many times by the Court of Justice? ____________ 1 - OJ 1987 L 84, p. 1. 2 - OJ 1987 L 44, p. 9. 3 - OJ 1994 L 77, p. 12.