Case C-118/02: Reference for a preliminary ruling by the Tribunal Supremo, Sala de lo Contencioso-administrativo, Sección: Cuarta by order of that Court of 6 February 2002 in the case of Industrias de Deshidratación Agrícola, S.A. against Administración del Estado
Date: 2002-06-15
Institutions: Court of Justice
Subjects: aid to undertakings, fodder, national law, preliminary issue, processing industry

C 144/18

EN

Official Journal of the European Communities

15.6.2002

4. Do the legal consequences provided for by Italian Law
No 89 of 24 March 2001 justify the application of
Article 21 of the Brussels Convention even if a party is at
risk of detriment as a consequence of
the possible
excessive length of proceedings before the Italian court
and therefore, as suggested in Question 3, it would not
actually be appropriate to proceed in accordance with
Article 21?

5. Under what conditions must the court other than the
court first seised refrain from applying Article 21 of the
Brussels Convention?

6. What course of action must the court follow if, in the
circumstances described in Question 3, it is not allowed
to apply Article 21 of the Brussels Convention?

Should it be necessary in any event, even in the circumstances
described in Question 3,
to proceed in accordance with
Article 21 of the Brussels Convention, there is no need to
answer Questions 4, 5 and 6.

3.

4.

with a moisture content of over 30 % and an average
moisture content, on entry to the processing undertaking,
of at least 35 % measured at most every ten days
compatible with Article 249(2) EC, Article 10 EC,
Article 34.2(2) EC, Council Regulation (EC) No 603/95
of 21 February 1995 and Commission Regulation (EC)
No 785/95 of 6 April 1995.

Is a national provision which makes the grant of aid for
the drying of green or fresh fodder subject
to the
condition that the fodder must be kept at the processing
plant for a maximum of 24 hours before it is processed
compatible with Article 249(2) EC, Article 10 EC,
Article 34.2(2) EC, Council Regulation (EC) No 603/95
of 21 February 1995 and Commission Regulation (EC)
No 785/95 of 6 April 1995?

Is a national provision which makes the grant of aid for
the drying of green or fresh fodder subject
to the
condition that the fodder must come from parcels situated
at a maximum distance of 100 kilometres from the
corresponding processing plant unless, in the latter case,
a greater distance may be justified by the use of the
appropriate
compatible with
Article 249(2) EC, Article 10 EC, Article 34.2(2) EC,
Council Regulation (EC) No 603/95 of 21 February 1995
and Commission Regulation (EC) No 785/95 of 6 April
1995?

specialised transport

Reference for a preliminary ruling by the Tribunal Supre-
mo, Sala de lo Contencioso-administrativo, Seccio´ n: Cuar-
ta by order of that Court of 6 February 2002 in the case
of Industrias de Deshidratacio´ n Agrı´cola, S.A. against
Administracio´ n del Estado

(1) OJ L 063 of 21.3.1995, p. 1.
(2) OJ L 079 of 7.4.1995, p. 5.

(Case C-118/02)

(2002/C 144/29)

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunal Supremo, Sala
de lo Contencioso-administrativo, Seccio´ n: Cuarta (Supreme
Court — Chamber for contentious administrative matters,
Fourth Chamber) of 6 February 2002, received at the Court
Registry on 29 March 2002, for a preliminary ruling in the
case of Industrias de Deshidratacio´ n Agrı´cola, S.A. against
Administracio´ n del Estado on the following questions:

1.

Is a national provision which makes the grant of aid for
the drying of green or fresh fodder subject
to the
condition that
the fodder for drying is delivered to
processing undertakings chopped, and not baled compat-
ible with Article 249(2) EC, Article 10 EC, the second
subparagraph of Article 34(2) EC, Council Regulation
(EC) No 603/95 (1) of 21 February 1995 and Commission
Regulation (EC) No 785/95 (2) of 6 April 1995?

Action brought on 5 April 2002 by European Parliament
against Royal & Sun Alliance Insurance (RSA)

(Case C-123/02)

(2002/C 144/30)

An action against Royal & Sun Alliance Insurance (RSA)
was brought before the Court of Justice of the European
Communities on 5 April 2002 by the European Parliament,
represented by D. Petersheim, O. Caisou-Rousseau and
M. Ecker, acting as Agents, with an address for service in
Luxembourg.

The applicant claims that the Court should:

2.

Is a national provision which makes the grant of aid for
the drying of green or fresh fodder subject
to the
condition that the fodder must reach the processing plant

1.

declare null and void the terminations of guarantee
notified by RSA on 9 October and 6 November 2001;