Case C-192/06: Reference for a preliminary ruling from the Bundesverwaltungsgericht lodged on  21 April 2006  — Matthias Kruck v Landkreis Potsdam-Mittelmark
Date: 2006-07-01
Institutions: Court of Justice
Subjects: aid to agriculture, area of holding, crop production, interpretation of the law, set-aside, terms for aid

C 154/12

EN

Official Journal of the European Union

1.7.2006

Reference for a preliminary ruling from the Bundesver-
waltungsgericht lodged on 21 April 2006 — Matthias
Kruck v Landkreis Potsdam-Mittelmark

(Case C-192/06)

(2006/C 154/24)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: Matthias Kruck

Defendant: Landkreis Potsdam-Mittelmark

Question referred

Is Article 9(2) to (4) of Regulation (EEC) No 3887/92, (1) as
amended by Regulation (EC) No 1648/95. (2) to be interpreted
the maximum area to be considered for
as meaning that
compensatory payments for set-aside in accordance with the
second and fourth sentences of Article 7(6) of Regulation (EEC)
No 1765/92, as amended by Regulation (EC) No 2989/95, (3)
should be calculated on the basis of the area applied for or the
area actually determined?

(1) AB1.l 391, S.36
(2) AB1.156, S.27
(3) AB1.L 312, S.5

Questions referred

(1) Is it permissible under Article 88 (EC) for a State which has
granted to an undertaking aid which is unlawful, and
which the courts of that State have found to be unlawful
on the ground that it had not previously been notified to
the European Commission as required under Article 88(3)
EC, not to recover that aid from the economic operator
which received it on the ground that, after receiving a
complaint from a third party, the Commission declared
that aid to be compatible with the rules of the common
market,
to
determine such compatibility?

thus effectively exercising its exclusive right

(2) If that obligation to repay the aid is confirmed, must the
periods during which the aid in question was declared by
the European Commission to be compatible with the rules
of
the common market, before those decisions were
annulled by the Court of First Instance of the European
Communities, be taken into account for the purpose of
calculating the sums to be repaid?

Order of the President of the Court of 22 March 2006 —
the European Communities v Federal
Commission of
Republic of Germany

(Case C-204/04) (1)

(2006/C 154/26)

Language of the case: German

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 201, 07.08.2004.

Reference for a preliminary ruling from the Conseil d' Etat
lodged on 2 May 2006 — Centre d'exportation du livre
francais (CELF), Ministre de la culture et de la communica-
tion v Société internationale de diffusion et d'édition

(Case C-199/06)

(2006/C 154/25)

Language of the case: French

Referring court

Conseil d' Etat (France)

Parties to the main proceedings

Order of the President of the Court of 11 January 2006
(references for a preliminary ruling from the Tribunale
Amministrativo Regionale della Liguria) — Acquedotto De
Ferrari Galliera SpA v Provincia di Genova and Others (C-
241/04) and Acquedotto Nicolay SpA v Provincia di
Genova and Others (C-242/04)

(Joined Case C-241/04 and C-242/04) (1)

(2006/C 154/27)

Language of the case: Italian.

The President of
removed from the register.

the Court has ordered that

the case be

Appellants: Centre d'exportation du livre
Ministre de la culture et de la communication

francais

(CELF),

(1) OJ C 217, 28.08.2004.

Respondent: Société internationale de diffusion et d'édition