Case C-40/04: Reference for a preliminary ruling by the Korkein oikeus (Finland) by order of that Court of 30 January 2004 in the case of Syuichi Yonemoto against Virallinen syyttäjä (Public Prosecutor) and Raine Pentti Pöyry
Date: 2004-04-03
Institutions: Court of Justice
Subjects: approximation of laws, interpretation of the law, machinery, product safety, safety standard

3.4.2004

EN

Official Journal of the European Union

C 85/15

Reference for a preliminary ruling by the Dioikitiko
Protodikeio Athens by order of that Court of 30 Septem-
ber 2003 in the case of Sphakianakis AEBE against
Hellenic Republic

Italian pro rata pension must be the unaugmented notional
pension (non-supplemented theoretical amount) where the
pensioner’s income exceeds the limits laid down by Italian law
for entitlement to the supplement to bring the pension up to
the statutory minimum amount?

(Case C-25/04)

(2004/C 85/23)

(1) English special edition: Series I Chapter 1971(II) P. 0416.

Reference has been made to the Court of Justice of the
European Communities by order of the Dioikitiko Protodikeio
Athens (Administrative Court of First Instance) of 30 Septem-
ber 2003, received at the Court Registry on 26 January 2004,
for a preliminary ruling in the case of Sphakianakis AEBE
against Hellenic Republic on the following questions:

The questions in this case are identical to those in Case C-23/
04.

Reference for a preliminary ruling by the Tribunale di
Bolzano by order of that Court of 9 January 2004 in the
case of Koschitzki Ursel against Istituto Nazionale della
Previdenza Sociale (INPS)

(Case C-30/04)

(2004/C 85/24)

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Bolzano
of 9 January 2004, received at the Court Registry on 28 January
2004, for a preliminary ruling in the case of Koschitzki Ursel
against Istituto Nazionale della Previdenza Sociale (INPS) on
the following question:

In the light of Article 42 of the EC Treaty (as amended by the
Treaties of Amsterdam and of Nice), which requires the
adoption of appropriate measures in the field of social security
for the implementation of the free movement of workers, can
Article 46(2)(b) of Regulation No 1408/71 (1) be interpreted
as meaning that the basis of calculation of the Italian pro rata
pension must always be the notional pension, supplemented
to bring it up to the statutory minimum pension, even if the
income limits laid down by Italian law for bringing the pension
up to the statutory minimum have been exceeded (Article 6 of
Law No 638/83, amended by Article 4 of Legislative Decree
No 503/92), or, on the other hand, must Article 46(2)(b) be
interpreted as meaning that the basis of calculation of the

Reference for a preliminary ruling by the Korkein oikeus
(Finland) by order of that Court of 30 January 2004 in the
case of Syuichi Yonemoto against Virallinen syyttäjä
(Public Prosecutor) and Raine Pentti Pöyry

(Case C-40/04)

(2004/C 85/25)

Reference has been made to the Court of Justice of the
European Communities by order of
the Korkein oikeus
(Finland) (Supreme Court) of 30 January 2004, received at the
Court Registry on 3 February 2004, for a preliminary ruling in
the case of Syuichi Yonemoto against Virallinen syyttäjä (Public
Prosecutor) and Raine Pentti Pöyry on the following questions:

(1) What sort of limits does Community law, having regard
to Council Directive 98/37/EC (1) and
in particular
Articles 28 EC and 30 EC, lay down for the obligations
which may be imposed in national law on the importer
(or other distributor) of a machine bearing the CE
marking in relation to the characteristics of the machine
which concern safety

— before the onward sale of the machine and

— afterwards?

(2) Clarification is hoped for in particular as to:

(a)

the extent to which and the conditions under which
the obligations of action or supervision in relation
the machine imposed on the
to the safety of
importer (or other distributor) of a machine bearing
the CE marking may be regarded as permitted from
the point of view of Community law;

(b) whether and in what way the assessment in relation
to Community law of the obligations imposed on
the importer (or other distributor) depends on what
sort of defects relating to the safety of the machine
are concerned;

C 85/16

EN

Official Journal of the European Union

3.4.2004

(c) whether, and if so to what extent, the provisions of
§ 40 of the Työturvallisuuslaki mentioned in point
10 above conflict with Community law, having
regard to the consequences as regards criminal law
and the law on compensation, described in points 12
to 15 above, which derive from failure to comply
with them.

(1) Directive 98/37/EC of the European Parliament and of the Council
of 22 June 1998 on the approximation of the laws of the Member
States relating to machinery (OJ L 207 of 23.7.1998, p. 1).

Reference for a preliminary ruling by the College van
beroep voor het bedrijfsleven by order of that Court of
23 January 2004 in the case of Maatschap J.B. en R.A.M.
Elshof against the Minister for Agriculture, Nature and
Food Quality

(Case C-42/04)

(2004/C 85/26)

Reference has been made to the Court of Justice of the
European Communities by order of the College van beroep
voor het bedrijfsleven of 23 January 2004, received at the
Court Registry on 3 February 2004, for a preliminary ruling in
the case of Maatschap J.B. en R.A.M. Elshof against the Minister
for Agriculture, Nature and Food Quality on the following
question:

Does the term ‘batch’ in Article 4(3) of Regulation (EC) No
1046/2001 (1) have the same meaning as the term ‘load’ in
point 1 of Annex II to that regulation or must the term ‘batch’
be taken to mean all the animals which are delivered for
rendering by a holding on one day or pursuant to one decision
to purchase?

(1) OJ L 145 of 31 May 2001, p. 31.

Reference for a preliminary ruling by the Bundesfinanz-
hof by order of that Court of 27 November 2003 in the
case of Finanzamt Arnsberg against Stadt Sundern

(Case C-43/04)

(2004/C 85/27)

Reference has been made to the Court of Justice of the
the Bundesfinanzhof
European Communities by order of

(Federal Finance Court) of 27 November 2003, received at the
Court Registry on 4 February 2004, for a preliminary ruling in
the case of Finanzamt Arnsberg against Stadt Sundern on the
following questions:

1. May or must the Member States which have incorporated
into their domestic law the common flat-rate scheme for
farmers provided for in Article 25 of Directive 77/388/
EEC (1) ultimately exempt flat-rate farmers from payment
of turnover tax?

2.

If Question 1 is answered in the affirmative: Is that the
case only for supplies of agricultural products and for
agricultural services or also for other transactions of a
flat-rate farmer, or are the other transactions subject to
the general scheme under Directive 77/388/EEC?

What are the consequences for the grant of a hunting
licence by a flat-rate farmer?

(1) OJ L 145, p. 1.

Reference for a preliminary ruling by the Tribunale di
Gorizia by order of that Court of 18 December 2003,
nos. 1259/2003 and 1260/2003, in the proceedings pend-
ing between Azienda Agricola Bogar Roberto & Andrea
and AGEA

(Case C-44/04 and C-45/04)

(2004/C 85/28)

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Gorizia
(Italy) of 18 December 2003, received at the Court Registry on
4 February 2004, for a preliminary ruling in the proceedings
pending between Azienda Agricola Bogar Roberto & Andrea
and AGEA on the following questions:

Must Article 1 of Regulation (EEC) No 856/84 (1) of 31 March
1984 and Articles 1 to 4 of Regulation No 3950/92 (2) of
28 December 1992 be interpreted as meaning that
the
additional levy on milk and milk products is in the nature of
an administrative penalty with the result that producers are
liable to pay it only where quantities allocated have been
exceeded by them intentionally or as a result of negligence?

(1) OJ L 90 of 1.4.1984, p. 10.
(2) OJ L 405 of 31.12.1992, p. 1.