Order of the Court (Fourth Chamber) of 21 June 2005 in Joined Cases C-162/03, C-185/03, C-44/04, C-45/04, C-223/04, C-224/04, C-271/04 and C-272/04: References for a preliminary ruling from the Tribunale di Milano in Azienda Agricola Balconi Andrea (ex Guido) v Regione Lombardia and Others, and in Azienda Agricola Schnabl Rosa and Others v Agenzia per le Erogazioni in Agricoltura and Others (Milk and milk products — Additional levy on milk — Regulations (EEC) No 856/84 and No 3950/92 — Reference quantity — Regulation (EC, Euratom) No 2988/95 — Administrative penalties — Conditions)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: administrative sanction, dairy production, interpretation of the law, milk, milk product, production quota

C 217/22

EN

Official Journal of the European Union

3.9.2005

JUDGMENT OF THE COURT

ORDER OF THE COURT

(Fifth Chamber)

of 14 July 2005

(Fourth Chamber)

of 21 June 2005

in Case C-79/05 Commission of the European Commu-
nities v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Regulation
(EC) No 2037/2000 — Substances that deplete the ozone
layer — Failure to transpose within the prescribed period)

in Joined Cases C-162/03, C-185/03, C-44/04, C-45/04, C-
223/04, C-224/04, C-271/04 and C-272/04: References for a
preliminary ruling from the Tribunale di Milano in
Azienda Agricola Balconi Andrea (ex Guido) v Regione
Lombardia and Others, and in Azienda Agricola Schnabl
Rosa and Others v Agenzia per le Erogazioni in Agricol-
tura and Others (1)

(2005/C 217/42)

(Language of the case: Italian)

(Milk and milk products — Additional levy on milk — Regu-
lations (EEC) No 856/84 and No 3950/92 — Reference
quantity — Regulation (EC, Euratom) No 2988/95 —
Administrative penalties — Conditions)

In Case C-79/05: Commission of the European Communities
(Agents: U. Wölker and A. Aresu) v Italian Republic (Agent:
I.M. Braguglia, assisted by G. Fiengo) — action under Article
226 EC for failure to fulfil obligations, brought on 17 February
2005 — the Court (Fifth Chamber), composed of R. Silva de
Lapuerta (Rapporteur), President of the Chamber, C. Gulmann
and J. Klučka, Judges; P. Léger, Advocate General; R. Grass,
Registrar, gave a judgment on 14 July 2005, in which it:

1. Declares that, by failing to take, within the prescribed period, all
precautionary measures practicable
to prevent and minimise
leakages of controlled substances as regards, in particular, the obli-
gation to check annually fixed equipment with a refrigerating fluid
charge of more than 3 kg for leakages, the Italian Republic has
failed to fulfil its obligations under Article 17(1) of Regulation
(EC) No 2037/2000 of the European Parliament and of the
Council of 29 June 2000 on substances that deplete the ozone
layer;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 93 of 16.04.2005.

(2005/C 217/43)

(Language of the case: Italian)

In Joined Cases C-162/03, C-185/03, C-44/04, C-45/04, C-
223/04, C-224/04, C-271/04 and C-272/04: references for a
preliminary ruling under Article 234 EC from the Tribunale di
Milano (Italy)
(C-162/03), made by decision of 21 February
2003, received at the Court on 7 April 2003, from the Tribu-
nale di Tolmezzo (Italy) (C-185/03, C-271/04 and C-272/04),
made by decisions of 16 April 2003 and 16 June 2004,
received at the Court on 5 May 2003 and 25 June 2004
respectively, and from the Tribunale di Gorizia (Italy) (C-44/04,
C-45/04, C-223/04 and C-224/04), made by decisions of 18
December 2003 and 7 April 2004, received at the Court on 4
February 2004 and 28 May 2004 respectively, in the proceed-
ings between Azienda Agricola Balconi Andrea (ex Guido) (C-
162/03) against Regione Lombardia, Agenzia per le Erogazioni
in Agricoltura (AGEA), and in the proceedings between
Azienda Agricola Schnabl Rosa (C-185/03), Azienda Agricola
Bogar Roberto e Andrea (C-44/04 and C-224/04), Azienda
Agricola Bressan Aldo (C-45/04 and C-223/04), Azienda Agri-
cola Di Doi Elena (C-271/04) and Azienda Agricola Piemonte
Franco (C-272/04) against Agenzia per le Erogazioni in Agri-
coltura (AGEA) and Cospalat FVG — the Court
(Fourth
Chamber), composed of K. Lenaerts, President of the Chamber,
N. Colneric (Rapporteur), M. Ilešič, Judges; C. Stix-Hackl, Advo-
cate General; R. Grass, Registrar, made an order on 21 June
2005, the operative part of which is as follows:

3.9.2005

EN

Official Journal of the European Union

C 217/23

levy established in respect of

The additional
the milk and milk
products sector by Article 5c of Regulation (EEC) No 804/68 of the
Council of 27 June 1968 on the common organisation of the market
in milk and milk products, as amended by Article 1 of Council Regu-
lation (EEC) No 856/84 of 31 March 1984, and by Articles 1 to 4
of Council Regulation (EEC) No 3950/92 of 28 December 1992
establishing an additional levy in the milk and milk products sector,
is not an administrative penalty within the meaning of Article 5 of
Council Regulation (EC, Euratom) No 2988/95 of 18 December
1995 on the protection of the European Communities financial inter-
ests.

(1) OJ C 135 of 07.06.2003
OJ C 146 of 21.06.2003
OJ C 85 of 03.04.2004
OJ C 228 of 11.09.2004
OJ C 201 of 07.08.2004.

ORDER OF THE COURT

(Second Chamber)

of 14 July 2005

in Case C-52/04: Reference for a preliminary ruling from
the Bundesverwaltungsgericht in Personalrat der Feuer-
wehr Hamburg v Leiter der Feuerwehr Hamburg (1)

(Article 104(3) of the Rules of Procedure — Social policy —
Protection of workers' health and safety — Directives
89/391/EEC and 93/104/EC — Scope — Operational crews
of a public fire service — Inclusion — Conditions)

(2005/C 217/44)

(Language of the case: German)

In Case C-52/04: reference for a preliminary ruling under
Article 234 EC from the Bundesverwaltungsgericht (Germany),
made by decision of 17 December 2003, received at the Court
on 10 February 2004, in the proceedings between Personalrat
der Feuerwehr Hamburg and Leiter der Feuerwehr Hamburg —
the
of
C. W. A. Timmermans, President of the Chamber, C. Gulmann,
R. Schintgen (Rapporteur), J. Makarczyk and J. Klučka, Judges;
D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
made an order on 14 July 2005, the operative part of which is
as follows:

Chamber),

composed

(Second

Court

Article 2 of Council Directive 89/391/EEC of 12 June 1989 on the
introduction of measures to encourage improvements in the safety and
health of workers at work and Article 1(3) of Council Directive
93/104/EC of 23 November 1993 concerning certain aspects of the
organisation of working time must be interpreted as meaning that:

— the activities carried out by the operational crews of a public fire
service such as that at issue in the main proceedings normally fall
within the scope of the directives referred to so that, in principle,
Article 6(2) of Directive 93/104 precludes exceeding the 48
hours' ceiling prescribed as the maximum weekly working time,
including guard duty;

— it is nevertheless possible for such ceiling to be exceeded in excep-
tional circumstances of such gravity and scale that the aim of
ensuring the proper functioning of services essential for the protec-
tion of public interests, such as public order, health and safety,
must temporarily prevail over the aim of guaranteeing the health
and safety of workers assigned to intervention and rescue teams.
Even in such exceptional situations, however, the aims of Directive
89/391 must be upheld as far as possible.

(1) OJ C 94 of 17.04.2004.

ORDER OF THE COURT

(Fifth Chamber)

of 12 April 2005

in Case C-80/04 P DLD Trading Co. v Council of the Euro-
pean Union (1)

(Appeal — Non-contractual liability — Causal link between
the conduct complained of and the alleged damage — No
such link — Subject-matter of the dispute — Manifest inad-
missibility)

(2005/C 217/45)

(Language of the case: German)

In Case C-80/04 P: appeal under Article 56 of the Statute of
the Court of Justice lodged on 18 February 2004 by DLD
Trading Co., established in Brno (Czech Republic) (lawyers: J.
Hintermayr, F. Haunschmidt, G. Minichmayr, P. Burgstaller and
G. Tusek) the other parties to the proceedings being Council
of the European Union (Agents: M.-C Giorgi Fort, A.-M.
Colaert and J.-P. Hix) supported by Republic of Austria