Case C-534/06: Judgment of the Court (Eighth Chamber) of 5 June 2008 (reference for a preliminary ruling from the Corte Suprema di Cassazione — Italy) — Industria Lavorazione Carni Ovine Srl v Regione Lazio (Common agricultural policy — EAGGF — Article 13 of Regulation (EEC) No 866/90 — Exclusion of investments relating to the processing of products from third countries — Principle of proportionality)
Date: 2008-06-05
Institutions: Court of Justice
Subjects: agricultural product, agro-industry, economic support, interpretation of the law, marketing, originating product

19.7.2008

EN

Official Journal of the European Union

C 183/3

Re:

Parties to the main proceedings

Reference for a preliminary ruling — High Court of Justice of
England and Wales, Queen's Bench Division (Administrative
Court) — Validity of Articles 4 and 5(1) and (2) of Directive
2005/35/EC of the European Parliament and of the Council of
7 September 2005 on ship-source pollution and on the intro-
duction of penalties for infringements (OJ 2005 L 255, p. 11)
— Community provisions having the effect of
limiting a
number of exceptions contained in an international convention
(International Convention for the Prevention of Pollution from
Ships (MARPOL Convention)) — Provisions imposing criminal
penalties in situations in which an international convention
(United Nations Convention on the Law of the Sea (UNCLOS))
does not impose any such penalties

Operative part of the judgment

1. The validity of Directive 2005/35/EC of the European Parliament
and of the Council of 7 September 2005 on ship-source pollution
and on the introduction of penalties for infringements cannot be
assessed:

— either in the light of

the International Convention for the
Prevention of Pollution from Ships, signed in London on
supplemented by the Protocol of
2 November 1973, as
17 February 1978,

— or in the light of the United Nations Convention on the Law
of the Sea, signed in Montego Bay on 10 December 1982.

Applicant: Industria Lavorazione Carni Ovine Srl

Defendant: Regione Lazio

Re:

Reference for a preliminary ruling — Corte suprema di cassa-
zione — Interpretation of Council Regulation (EEC) No 866/90
of 29 March 1990 on improving the processing and marketing
conditions for agricultural products (OJ 1990 L 91, p. 1) —
Exclusion of investments in the marketing and/or processing of
products from third countries — Exclusion in the case of invest-
ments which also concern products
from Member States,
complying with the specific programme under which the finan-
cing was obtained

Operative part of the judgment

On a proper construction of Article 13 of Council Regulation (EEC)
No 866/90 of 29 March 1990 on improving the processing and
marketing conditions for agricultural products, in circumstances such as
those of the case in the main proceedings, payment of financial assis-
the marketing or processing of
tance is not excluded in cases of
products including products originating beyond the territory of
the
Community, when the specific programme for which that financial
assistance was granted has been observed, in so far as products origin-
ating within the Community have been marketed or processed in the
quantities provided for.

2. Examination of the fourth question has revealed nothing capable of
affecting the validity of Article 4 of Directive 2005/35 in the light
of the general principle of legal certainty.

(1) OJ C 42, 24.2.2007.

(1) OJ C 261, 28.10.2006.

Judgment of the Court (Eighth Chamber) of 5 June 2008
(reference for a preliminary ruling from the Corte Suprema
di Cassazione — Italy) — Industria Lavorazione Carni
Ovine Srl v Regione Lazio

(Case C-534/06) (1)

(Common agricultural policy — EAGGF — Article 13 of
Regulation (EEC) No 866/90 — Exclusion of investments
relating to the processing of products from third countries —
Principle of proportionality)

(2008/C 183/04)

Language of the case: Italian

Judgment of the Court (Second Chamber) of 5 June 2008
(reference for a preliminary ruling from the Tribunal de
grande Instance de Nantes — Commission d'Indemnisation
des Victimes d'infractions — France) — James Wood v
Fonds de Garantie des victimes des actes de Terrorisme et
d'autres Infractions

(Case C-164/07) (1)

(Article 12 EC — Discrimination on grounds of nationality
— Compensation awarded by the Fonds de garantie des
victimes des actes de terrorisme et d'autres infractions — Not
included)

(2008/C 183/05)

Language of the case: French

Referring court

Corte Suprema di Cassazione

Referring court

Tribunal de Grande Instance de Nantes — Commission d'Indem-
nisation des Victimes d'infractions