Case C-292/01: Reference for a preliminary ruling by the Consiglio di Stato by order of that court of 12 June 2001 in the case of Albacom S.p.A. against Ministero del Tesoro, del Bilancio e della Programmazione economica
Date: 2001-09-29
Institutions: Court of Justice
Subjects: freedom to provide services, interpretation of the law, right of establishment, telecommunications, trade licence

29.9.2001

EN

Official Journal of the European Communities

C 275/9

Reference for a preliminary ruling by the Consiglio di
Stato by order of that court of 12 June 2001 in the case
of Albacom S.p.A. against Ministero del Tesoro, del
Bilancio e della Programmazione economica

(Case C-292/01)

(2001/C 275/18)

Reference has been made to the Court of Justice of the
European Communities by order of the Consiglio di Stato
(Council of State) of 12 June 2001, received at the Court
Registry on 23 July 2001, in the case of Albacom S.p.A. against
Ministero del Tesoro, del Bilancio e della Programmazione
economica on the following question:

May Directive 97/13/EC (1) permit Member States to require
undertakings holding a licence or authorisation to carry on
telecommunications activities to make financial payments,
whatever they may be called, other than and in addition to
those allowed by the Directive?

(1) OJ L 117, 7.5.1997, p. 15.

Reference for a preliminary ruling by the Tribunale Civile
di Bologna by order of that court of 24 May 2001 in the
case of Granarolo SpA against Comune di Bologna

(Case C-294/01)

(2001/C 275/19)

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale Civile di
Bologna (District Civil Court, Bologna) of 24 May 2001,
received at
for a
preliminary ruling in the case of Granarolo SpA against
Comune di Bologna on the following question:

the Court Registry on 23 July 2001,

May application of
the combined provisions of Council
Directive 92/46/EEC of 16 June 1992 laying down the health
rules for the production and placing on the market of raw milk,
heat-treated milk and milk-based products (1) (implemented in
Italy by Presidential Decree No 54 of 14 January 1997) and
Directives 89/395/EEC (2) and 89/396/EEC (3), which concern
the labelling, presentation and advertising of
foodstuffs
(implemented in Italy by Legislative Decree No 109 of
27 January 1992) be limited by the content of a piece of
national legislation (in particular Article 5(3), in relation to
Article 3, of Law No 169 of 3 May 1989). If it is so limited,

that (according to the interpretation which has been given
thereto in the present case) would mean that a ‘best before’
date of four days after preparation would apply to milk
pasteurised at high temperature (a type of milk contemplated
and governed solely by Directive 46/92/EEC and Decree
54/97/EEC).

(1) OJ L 268, 14.9.1992, p. 1.
(2) OJ L 186, 30.6.1989, p. 17.
(3) OJ L 186, 30.6.1989, p. 21.

Action brought on 7 August 2001 by the Commission of
the European Communities against the Hellenic Republic

(Case C-312/01)

(2001/C 275/20)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 7 August
2001 by the Commission of the European Communities,
represented by Elsa Christina Tufvesson, Commission Legal
Adviser, and Maria Patakia, of its Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt and to notify to the
Commission, within the time-limit laid down, the laws,
regulations and administrative provisions necessary to
comply fully with Directive 98/78/EC of the European
Parliament and of the Council of 27 October 1998 (1) on
the supplementary supervision of insurance undertakings
in an insurance group, the Hellenic Republic has failed to
fulfil its obligations under the EC Treaty;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The Member States are required by the binding character of
the third paragraph of Article 249 EC and Article 10 EC (ex
Articles 189 and 5 of the EC Treaty) to adopt the measures
needed to transpose directives into national law before the
expiry of the time-limit laid down for that purpose and to
communicate those measures immediately to the Commission.
That time-limit expired on 5 June 2000 without the Hellenic
Republic having notified to the Commission the provisions
transposing the directive in question into national law.

(1) OJ L 330, 5.12.1998, p. 1.