Case C-228/01: Reference for a preliminary ruling by the Cour d'Appel de Pau (First Criminal Chamber) by judgment of that court of 15 May 2001, in the criminal proceedings against Jacques Bourrasse — Party claiming civil damages: Union Régionale Syndicale des Petits et Moyens Transporteurs du Sud Ouest (UNOSTRA Aquitaine); Intervener: Inspection du Travail des Transports
Date: 2001-08-11
Institutions: Court of Justice
Subjects: France, Portugal, carriage of goods, interpretation of the law, road transport, vehicle rental

11.8.2001

EN

Official Journal of the European Communities

C 227/13

Reference for a preliminary ruling by the Cour d’Appel
de Pau (First Criminal Chamber) by judgment of that
court of 15 May 2001, in the criminal proceedings against
Jacques Bourrasse — Party claiming civil damages: Union
Régionale Syndicale des Petits et Moyens Transporteurs
du Sud Ouest (UNOSTRA Aquitaine); Intervener: Inspec-
tion du Travail des Transports

(Case C-228/01)

(2001/C 227/21)

Reference has been made to the Court of Justice of the
European Communities by judgment of the Cour d’Appel de
Pau (First Criminal Chamber) of 15 May 2001, received at the
Court Registry on 11 June 2001, for a preliminary ruling in
the criminal proceedings against Jacques Bourrasse — Party
claiming civil damages: Union Régionale Syndicale des Petits
et Moyens Transporteurs du Sud Ouest (UNOSTRA Aquitaine);
Intervener:
Inspection du Travail des Transports, on the
following questions:

1.

Can ‘the hiring of a vehicle without a driver’ as envisaged
by Article 2 of Council Directive 84/647/EEC (1) be
interpreted as permitting the lessor, a road haulage
company governed by French law:

— to obtain the carriage authorisations necessary
within French territory on behalf of the lessee, a
road haulage company governed by Portuguese law

— to manage on behalf of the lessee, a road haulage
company governed by Portuguese law, the tacho-
graph discs of the drivers employed by that com-
pany?

2. Did the hired vehicles have to be registered in Portugal?

(1) Council Directive 84/647/EEC of 19 december 1984 on the use
of vehicles hired without drivers for the carriage of goods by road
(OJ L 335 of 22.12.1984 p. 72).

Reference for a preliminary ruling by the Court of Appeal
(England and Wales) (Civil Division), by order of that
court of 31 May 2001,
in the case of Intervention
Board for Agricultural Produce against Penycoed Farming
Partnership

(Case C-230/01)

(2001/C 227/22)

Reference has been made to the Court of Justice of the
European Communities by an order of the Court of Appeal
(England and Wales) (Civil Division) of 31 May 2001, which
was received at the Court Registry on 12 June 2001, for a

preliminary ruling in the case of
Intervention Board for
Agricultural Produce against Penycoed Farming Partnership,
on the following questions:

1. Do Articles 1 and/or 2 of Council Regulation 3950/92 (1)
permit the competent body in a Member State to take
legal action directly against a producer to recover levy
due from that producer (otherwise than pursuant to
Article 2 (3) in respect of direct sales)?

2.

3.

If so, in what circumstances may such action be taken?

In particular, may such action be taken where the
purchaser to whom milk was delivered was (a) not
approved pursuant to Article 7 of Commission Regu-
lation 536/93 (2) and/or (b) has not complied with any of
its obligations under Article 7 of
that Regulation
and/or (c) has not recovered or sought to recover levy
from the producers concerned?

(1) Council Regulation (EEC) No 3950/92, of 28 December 1992,
establishing an additional levy in the milk and milk products
sector (OJ L 405, 31.12.1992, p. 1).

(2) Commission Regulation (EEC) No 536/93 of 9 March 1993 laying
down detailed rules on the application of the additional levy on
milk and milk products (OJ L 57, 10.03.1993, p. 12).

Reference for a preliminary ruling by the Brescia Regional
Court — Third Civil Chamber — by order of that court
of 8 May 2001 in case of El.Da. s.r.l. against Ministero
delle Finanze

(Case C-231/01)

(2001/C 227/23)

Reference has been made to the Court of Justice of the
European Communities by order of the Brescia Regional Court
— Third Civil Chamber — of 8 May 2001 received at the
Court Registry on 12 June 2001, for a preliminary ruling in
the case of El.Da. s.r.l. against Ministero delle Finanze on the
following question:

(1)

Is Article 11(1) of Italian Law No 448 of 23 December
1998 (G.U.R.I. No 302 of 29 December 1998, ordinary
supplement) compatible with Community law, in particu-
lar with Articles 10 and 12 of Council Directive
69/335/EEC (1) of 17 July 1969 concerning indirect taxes
on the raising of capital, inasmuch as it provides that the
administrative charge is payable at a flat annual rate for
registration of other company documents for each of the
years from 1985 to 1992, equal to the sum of the
sum of ITL 750 000 for public limited companies and
partnerships limited by shares and ITL 400 000 for
private limited companies and ITL 90 000 for other
companies?