Case C-529/03: Reference for a preliminary ruling made by order of the Tribunale di Cagliari of 20 October 2003 in the case between Marco Antonio Scalas and Renato Lilliu and the Regione Autonoma della Sardegna
Date: 2004-03-20
Institutions: Court of Justice
Subjects: Sardinia, aid for restructuring, aid to undertakings, farming sector, interpretation of the law, regional aid

20.3.2004

EN

Official Journal of the European Union

C 71/7

Pleas in law and main arguments

— The dispute concerns not the classification of the Saronic
Gulf as a sensitive area but the lack of a system subjecting
urban waste water from the wider Athens area to
treatment more stringent
than secondary treatment
before its discharge into a sensitive area.

— It is an unquestionable fact that on expiry of the period
prescribed by the Commission in its reasoned opinion,
but also up to the time when the present action was
brought, urban waste water from the Psitallia plant did
not receive treatment more stringent than secondary
treatment.

(1) OJ L 135 of 30.5.1991, p. 40.

Reference for a preliminary ruling made by order of the
Tribunale di Cagliari of 20 October 2003 in the case
between Marco Antonio Scalas and Renato Lilliu and the
Regione Autonoma della Sardegna

(Case C-529/03)

(2004/C 71/10)

A reference for a preliminary ruling was made to the Court of
Justice of the European Communities by order of the Tribunale
di Cagliari on 20 October 2003 in proceedings between Marco
Antonio Scalas and Renato Lilliu and the Regione Autonoma
della Sardegna which was lodged at the Court Registry on
19 December 2003. The Tribunale di Cagliari seeks a ruling
on the validity of Commission Decision No 97/612 (1), having
regard to the following defects:

a)

b)

c)

d)

e)

lack of competence on the part of the Commission to
adopt the contested decision in infringement of the
combined provisions of Articles 32, 33, 34, 35, 36, 37
and 38 EC;

infringement of the provisions governing the procedure
provided for under Article 88(1) EC;

infringement of the provisions governing the procedure
provided for under Article 88(2) and (3) EC;

failure to state reasons for the decision in application of
the combined provisions of Articles 253, 88(3) and 87(1)
EC;

infringement and erroneous application of Council Regu-
lation No 797/85 (2) on improving the efficiency of
agricultural structures;

f)

infringement and failure to comply with the ‘practice for
aid to farms in difficulty’ and with the ‘Community
guidelines on State aid for rescuing and restructuring
firms in difficulty’;

g)

breach of the principle of legitimate expectations.

(1) OJ L 248 of 11.9.1997, p. 27.
(2) OJ L 93 of 30.3.1985, p. 1.

Action brought on 22 December 2003 by the Commission
of the European Communities against the Federal Repub-
lic of Germany

(Case C-538/03)

(2004/C 71/11)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
the
ties on 22 December 2003 by the Commission of
European Communities, represented by Nicola Yerrell, of the
Commission’s Legal Service, and Horstpeter Kreppel, a labour
court judge appointed to the Commission’s Legal Service under
the exchange programme for national public servants, acting
as Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. Declare that

the Federal Republic of Germany has
infringed the principle of equal treatment for men and
women laid down under Articles 1, 2 and 5 of Council
Directive 76/207/EEC (1), and Clause 4 of the Framework
Agreement on part-time work concluded between UNICE,
CEEP and the ETUC set out in the Annex to Council
Directive 97/81/EC (2), in that it indirectly discriminates
against women, who form the great majority of part-time
employees working less than 18 hours a week in the
German public sector,

by excluding,

(a)

under Paragraph 14(2) of the Bundespersonalvertre-
tungsgesetz (Federal Law on staff committees in
the public sector) and the equivalent regulations
applying in the Länder of

— Bavaria

— Berlin

— Bremen

— Hesse,

part-time employees who normally work less than
18 hours a week, and