Case C-13/01: Reference for a preliminary ruling by the Giudice di Pace di Genova by order of 4 January 2001 in the case of Safalero Srl against Prefetto di Genova
Date: 2001-03-10
Institutions: Court of Justice
Subjects: EU law, appeal to an administrative authority, interpretation of the law, public administration, right to justice, seizure of goods

C 79/16

EN

Official Journal of the European Communities

10.3.2001

Reference for a preliminary ruling by the Giudice di Pace
di Genova by order of 4 January 2001 in the case of
Safalero Srl against Prefetto di Genova

(Case C-13/01)

(2001/C 79/27)

Reference has been made to the Court of Justice of the
European Communities by order of the Giudice di Pace di
Genova (District Court, Genoa) of 4 January 2001, which was
received at the Court Registry on 11 January 2001, for a
preliminary ruling in the case of Safalero Srl against Prefetto di
Genova on the following questions:

(1) Are the rules on procedure and on sanctions for adminis-
laid down by Law No 689 of
trative infringements,
24 November 1981 compatible with the principles of
proportionality, effectiveness and adequate legal protec-
tion of the rights conferred by Community law on
individuals, laid down in the Treaty and/or set out and
defined in the case-law of the Court of Justice, where:

— the offender cannot

institute court proceedings
against a measure authorising seizure adopted by the
administrative authorities until the administrative
authorities themselves, without being constrained to
observe procedural time-limits, have applied to the
courts for an interim order or a confiscation order;

— a person directly and individually concerned by a
measure adopted by the administrative authorities is
not allowed to institute court proceedings where the
measure itself is addressed to other persons;

— a person directly and individually concerned by a
measure adopted by the administrative authorities
and addressed to other persons is not allowed to
participate, even as a voluntary intervener, in court
proceedings brought against such a measure;

— provision is made, without it being possible for a
court to make a different and unfettered assessment,
for the additional penalty of confiscation of the
goods in the event of a purely administrative
infringement, the main penalty for which is pecuni-
ary and involves payment of a quite modest sum of
money?

— during the period prescribed for the transposition of

the directive itself;

— after expiry, without transposition, of the period?

If the answer to the above is in the positive, what is the
meaning of the Community concept of ‘measure liable
seriously to compromise the result prescribed by the
directive’?

(1) OJ 1999 L 91, p. 10.

Reference for a preliminary ruling by the Verwaltungsge-
richt Hannover by order of 6 December 2000 in the case
of Molkerei Wagenfeld Karl Niemann GmbH & Co. KG v
Bezirksregierung Hannover

(Case C-14/01)

(2001/C 79/28)

Reference has been made to the Court of Justice of the
European Communities by order of 6 December 2000 by the
Verwaltungsgericht Hannover (Administrative Court, Hann-
over), which was received at the Court Registry on 12 January
2001,
for a preliminary ruling in the case of Molkerei
Wagenfeld Karl Niemann GmbH & Co. KG v Bezirksregierung
Hannover on the following questions:

Does Regulation (EC) No 2799/1999 (1) in conjunction with
its annexes contravene

(a) Article 11(1) of Regulation (EC) No 1255/1999 (2),

(b)

the second subparagraph of Article 34(2) EC, and

(c)

the general legal principles of the European Community
and the principle of the protection of legitimate expec-
tations,

inasmuch as the aforesaid regulation precludes aid from being
granted for skimmed milk and buttermilk for liquid feed unless
that milk is first processed into compound feedingstuffs or
into skimmed-milk powder, and makes no provision for a
transitional period; is it on those grounds void (in part)?

(2) Do Articles 10 and 249 of the Treaty precludes Member
States from adopting measures contrary to Directive
1999/5/EC (1) of the European Parliament and of the
Council of 9 March 1999 on radio equipment and
telecommunications terminal equipment and the mutual
recognition of their conformity:

(1) OJ L 340 of 31.12.1999, p. 3.
(2) OJ L 160 of 26.6.1999, p. 48.