Case C-370/05: Reference for a preliminary ruling from the Vestre Landsret, Denmark by order of that court of  5 October 2005  in Anklagemyndigheden v Uwe Kay Festersen
Date: 2005-12-10
Institutions: Court of Justice
Subjects: acquisition of property, agricultural real estate, application of EU law, interpretation of the law, residence

C 315/10

EN

Official Journal of the European Union

10.12.2005

Reference for a preliminary ruling from the High Court,
Ireland by order of that court of 30 July 2004 in Elaine
Farrell v Alan Whitty, Minister for the Environment,
Ireland and the Attorney General and Motor Insurers'
Bureau of Ireland

(Regional Court) of Brive-La-Gaillarde of 9 September 2005,
received at the Court Registry on 26 September 2005, for a
preliminary ruling in the proceedings between Estager SA and
Receveur Principal de la Recette des Douanes de Brive (Principal
Collector of Customs Revenue of Brive) on the following ques-
tion:

(Case C-356/05)

(2005/C 315/18)

(Language of the case: English)

Reference has been made to the Court of Justice of the Euro-
Ireland of
pean Communities by order of the High Court,
30.07.2004, received at the Court Registry on 23.09.2005, for
a preliminary ruling in the proceedings between Elaine Farrell
and Alan Whitty, The Minister for the Environment, Ireland
and the Attorney General and The Motor Insurers' Bureau of
Ireland on the following questions:

1. As of December 31st 1995 the date by which Ireland was
obliged to implement the provisions of the Third Direc-
tive (1)
in respect of passengers on vehicles other than
motorcycles, did Article 1 of the Third Directive oblige
Ireland to render insurance compulsory in respect of civil
liability for injury to individuals travelling in that part of a
motor vehicle not designed and constructed with seating
accommodation for passengers?

2. If the answer to Question (1) is in the positive, does Article
1 of the Third Directive confer rights on individuals that
may be relied upon directly before the national courts?

(1) Third Council Directive 90/232/EEC of 14 May 1990 on the
approximation of the laws of the Member States relating to insur-
ance against civil liabilty in respect of the use of motor vehicles,
Official Journal L 129, 19/05/1990 P.0033-0035.

Reference for a preliminary ruling from the Tribunal de
Grande Instance de Brive-La-Gaillarde by order of that
court of 9 September 2005 in Estager SA v Receveur Prin-
cipal de la Recette des Douanes de Brive

(Case C-359/05)

(2005/C 315/19)

(Language of the case: French)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Tribunal de Grande Instance

Are the provisions of Order No 2000-916 of 19 September
2000, adapting the value to euros of certain amounts expressed
in francs in the legislation, that concern the conversion of the
BAPSA tax applied to the production of flour, meal and groats
of common wheat, from FRF 100 francs to EUR 16 in confor-
mity with the Community regulations in relation to the intro-
duction of the euro?

Reference for a preliminary ruling from the Vestre Lands-
ret, Denmark by order of that court of 5 October 2005 in
Anklagemyndigheden v Uwe Kay Festersen

(Case C-370/05)

(2005/C 315/20)

(Language of the case: Danish)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Vestre Landsret, Denmark,
of 5 October 2005, received at the Court Registry on 10
for a preliminary ruling in the proceedings
October 2005,
between Anklagemyndigheden and Uwe Kay Festersen on the
following questions:

1. Do Article 43 EC and Article 56 EC preclude a Member
State from laying down as a condition for acquiring an agri-
cultural property the requirement that the acquirer take up
fixed residence on that property?

2. Does it matter, as regards the answer to Question 1, that
the property cannot constitute a self-sustaining unit and
that
the property's residential building is situated in an
urban zone?