Case C-78/07: Reference for a preliminary ruling from the Consiglio di Giustizia Amministrativa per la Regione siciliana (Italy) lodged on 13 February 2007 — Ispettorato Provinciale dell'Agricoltura di Enna, Assessorato all'agricoltura e foreste della regione Sicilia, Regione Sicilia v Domenico Valvo
Date: 2007-05-26
Institutions: Court of Justice
Subjects: agricultural structure, aid to agriculture, farmers' income, interpretation of the law

26.5.2007

EN

Official Journal of the European Union

C 117/3

By his second submission, the applicant maintains that, contrary
to the findings of the judgment under appeal, the new pension
scheme effectively provides for a link to the cost of living in
Brussels, so that the income of pensioners living in Belgium is
set by taking into account solely the cost of living in the capital
of that Member State, whilst the income of pensioners living in
the capitals of other Member States is actually determined by a
weighting which takes into account the average cost of living in
the entire country. The applicant challenges, moreover,
the
finding of the Court of First Instance that the lawfulness of a
Community legislative act cannot depend on the way in which
it is applied in practice, since the measures implementing such
an act are closely linked to the act itself, and relies on a breach
of the rights of the defence and of the principle of the equality
of the parties before the Community judicature, inasmuch as he
knew of the measures implementing the new pension scheme
only after the close of the written procedure.

Respondent: Domenico Valvo

Question referred

May a farmer be refused the compensatory allowance provided
for by Regulation (EEC) No 2328/91 (as amended by Regulation
No 3669/93) and by Regulation (EC) No 950/97 (1) on
improving the efficiency of agricultural structures when he also
receives a pension, in particular, a years-of-service pension?

(1) OJ 1997 L 142, p. 1.

By his final submission, the applicant challenges the Court of
First Instance's finding that he had no legal interest in bringing
proceedings pursuant to Article 241 EC by referring to the
advantage conferred on pensioners living in a ‘less expensive’
Member State.
treatment
reserved for pensioners living in a ‘less expensive’ Member State
as compared with pensioners living in an ‘expensive’ Member
State, he is attacking the breach of the principle of equality of
purchasing power and aiming, thereby, to call into question the
pension scheme resulting from the new Staff Regulations and its
transitional measures.

In complaining of

the different

Reference for a preliminary ruling from the Consiglio di
Giustizia Amministrativa per la Regione siciliana (Italy)
lodged on 13 February 2007 — Ispettorato Provinciale
dell'Agricoltura di Enna, Assessorato all'agricoltura e
foreste della regione Sicilia, Regione Sicilia v Domenico
Valvo

(Case C-78/07)

(2007/C 117/03)

Language of the case: Italian

Referring court

Consiglio di Giustizia Amministrativa per la Regione siciliana
(Italy)

Parties to the main proceedings

Appellants:
Ispettorato Provinciale dell'Agricoltura di Enna,
Assessorato all'agricoltura e foreste della regione Sicilia, Regione
Sicilia

Reference for a preliminary ruling from the Arbeitsgericht
Bonn (Germany) lodged on 20 February 2007 — Dr Andrea
Raccanelli v Max-Planck-Gesellschaft zur Förderung der
Wissenschaften e.V.

(Case C-94/07)

(2007/C 117/04)

Language of the case: German

Referring court

Arbeitsgericht Bonn

Parties to the main proceedings

Applicant: Dr Andrea Raccanelli

Defendant: Max-Planck-Gesellschaft
Wissenschaften e.V.

zur

Förderung

der

Questions referred

1. Should the applicant be regarded as a worker within the
meaning of the European concept of ‘worker’ if he is not
called upon to provide any more work-related services than
are doctoral students with an employment contract concluded
pursuant to the Bundesangestelltentarifvertrag (federal collec-
tive agreement for public sector workers, ‘BAT/2’)?

2. In the event that the answer to Question 1 is in the negative:
must Article 7 of Regulation (EEC) No 1612/68 on freedom
of movement for workers within the Community (1) be inter-
preted as meaning that there is no discrimination only if the
applicant was at least granted the right to choose between an
employment contract and a grant before his period of
doctoral study with the defendant began?