Case C-481/00: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale per il Lazio by order of that court of 6 July 2000 in the case of Domenico Buttiglione and Others against Azienda di Stato per gli Interventi nel Mercato Agricolo (AIMA) and the Ministry of Agricultural, Food and Forestry Policies
Date: 2001-04-07
Institutions: Court of Justice
Subjects: agricultural quota, derogation from EU law, interpretation of the law, less-favoured region, milk, regulation of agricultural production

7.4.2001

EN

Official Journal of the European Communities

C 108/3

Reference for a preliminary ruling by the Tribunale
Amministrativo Regionale per il Lazio by order of that
court of 6 July 2000 in the case of Domenico Buttiglione
and Others against Azienda di Stato per gli Interventi nel
Mercato Agricolo (AIMA) and the Ministry of Agricul-
tural, Food and Forestry Policies

(Case C-481/00)

(2001/C 108/04)

Reference has been made to the Court of Justice of the
European Communities by order of 6 July 2000 of the
Tribunale Amministrativo Regionale per il Lazio, received at
the Court Registry on 29 December 2000, for a preliminary
ruling in Case C-481/00 Domenico Buttiglione and Others
against Azienda di Stato per gli Interventi nel Mercato Agricolo
(AIMA) and the Ministry of Agricultural, Food and Forestry
Policies, on the following questions:

(1) May the provisions contained in Articles 1 and 4 of
Council Regulation (EEC) No 3950/92 (1) of 28 December
P92 and Articles 3 and 4 of Commission Regulation
(EEC) No 534/93 (2) of 9 March 1993 be interpreted as
meaning that it is possible, in cases of administrative or
judicial challenge to the relevant measures, to derogate
from the time-limits prescribed for the allocation of
quotas and the operation of adjustments and levies?

If not:

(2) Are the provisions contained in Articles 1 and 4 of
Council Regulation (EEC) No 3950/92 of 28 December
1992 and Articles 3 and 4 of Commission Regulation
(EEC) No 534/93 of 9 March 1993 valid, in the light of
Article 33 (ex 39) of the Treaty, in so far as they do not
provide that derogations may be made from the periods
prescribed by those provisions for the allocation of
individual reference quantities, for adjustments and levies
in cases of administrative or judicial challenge to those
provisions?

Reference for a preliminary ruling by the Tribunale
Amministrativo Regionale per il Lazio by judgments of
that court of 6 July 2000 in the cases of Aziende Agricole
Ettore Raffa and Others v Azienda di Stato per gli
Interventi nel Mercato Agricolo (AIMA) and the Ministry
of the Treasury, the Budget and Planning (Case C-482/00);
Azienda Agricola Gonal di Gonzato Simone e Stefano
(C-497/00), Azienda Agricola Gianluigi Cerati and Maria
Ceriali s.s. v AIMA and the Ministry of the Treasury, the
Budget and Planning (Case C-498/00), and Musini Nicolo`
Giovanni Maria v AIMA and the Ministry of the Treasury,
the Budget and Planning (Case C-499/00)

(Cases C-482/00, C-497/00, C-498/00 and C-499/00)

(2001/C 108/05)

References have been made to the Court of Justice of the
European Communities by judgments of 6 July 2000 of the
Tribunale Amministrativo Regionale per il Lazio, received at
the Court Registry on 29 December 2000, for a preliminary
ruling in the cases of Aziende Agricole Ettore Raffa and Others
v Azienda di Stato per gli Interventi nel Mercato Agricolo
(AIMA) and the Ministry of the Treasury, the Budget and
Planning (Case C-482/00); Azienda Agricola Gonal di Gonzato
Simone e Stefano (C-497/00), Azienda Agricola Gianluigi
Cerati and Maria Ceriali s.s. v AIMA and the Ministry of the
the Budget and Planning (Case C-498/00), and
Treasury,
Musini Nicolo` Giovanni Maria v AIMA and the Ministry of the
Treasury, the Budget and Planning (Case C-499/00) on the
following questions:

(1) May the provisions contained in Articles 1 and 4 of
Council Regulation (EEC) No 3950/92 (1) of 28 December
1992 and Articles 3 and 4 of Commission Regulation
(EEC) No 534/93 (2) of 9 March 1993 be interpreted as
meaning that it is possible, in cases of administrative or
judicial challenge to the relevant measures, to derogate
from the time-limits prescribed for the allocation of
quotas and the operation of adjustments and levies?

(3) May Regulations No 3950/92 and 536/93 be interpreted
as permitting Member States to determine privileged
categories of producers who must be compensated in
priority to others, in particular by placing the ‘disadvan-
in a secondary position in relation to
taged areas’
mountain areas?

If not,

(1) OJ L 405, 31.12.1992, p. 1.
(2) OJ L 57, 10.3.1993, p. 12.

(2) Are the provisions contained in Articles 1 and 4 of
Council Regulation (EEC) No 3950/92 of 28 December
1992 and Articles 3 and 4 of Commission Regulation
(EEC) No 534/93 of 9 March 1993 valid, in the light of
Article 33 (ex 39) of the Treaty, in so far as they do not
provide that derogations may be made from the periods
prescribed by those provisions for the allocation of
individual reference quantities, for adjustments and levies
in cases of administrative or judicial challenge to those
provisions?