CELEX: C2000/335/67
Language: en
Date: 2000-11-25 00:00:00
Title: Case C-355/00: Reference for a preliminary ruling by the Diikitiko Protodikio Thessalonikis (Fifth Chamber, Three Judges) by judgment of that court of 31 July 2000 in the case of Freskot AE against the Greek State

C 335/38               EN                    Official Journal of the European Communities                                     25.11.2000
Reference for a preliminary ruling from the Vakuutus-                   3)    If the answer to Question (2) is no, is that payment
oikeus by order of that court of 18 January 2000 in the                       nonetheless part of the taxable amount by reason of
                 case of Pirkko Aulikki Niemi                                 constituting the consideration (or part of the consider-
                                                                              ation) for a supply?
                        (Case C-351/00)
                                                                        (1) Sixth Council Directive 77/388/EEC of 17 May 1977 on the
                                                                            harmonization of the laws of the Member States relating to
                        (2000/C 335/65)                                     turnover taxes — Common system of value added tax: uniform
                                                                            basis of assessment (OJ L 145, 13.06.77, p. 1).
Reference has been made to the Court of Justice of the
European Communities by an order of the Vakuutusoikeus
(Insurance Court), Finland, of 18 January 2000, which was
received at the Court Registry on 21 September 2000, for a
preliminary ruling in the case of Pirkko Aulikki Niemi on the
following question:
                                                                        Reference for a preliminary ruling by the Diikitiko
                                                                        Protodikio Thessalonikis (Fifth Chamber, Three Judges)
Does the pension scheme under the Valtion eläkelaki (State              by judgment of that court of 31 July 2000 in the case of
Pensions Law) fall within the scope of Article 141 EC or of                            Freskot AE against the Greek State
Council Directive 79/7/EEC (1)?
                                                                                                  (Case C-355/00)
(1) Council Directive 79/7/EEC of 19 December 1978 on the pro-
    gressive implementation of the principle of equal treatment for                              (2000/C 335/67)
    men and women in matters of social security (OJ L 6, 10.01.79,
    p. 24).                                                             Reference has been made to the Court of Justice of the
                                                                        European Communities by judgment of the Diikitiko Protodi-
                                                                        kio Thessalonikis (Administrative Court of First Instance,
                                                                        Thessaloniki) (Fifth Chamber, Three Judges) of 31 July 2000,
                                                                        received at the Court Registry on 26 September 2000 for a
                                                                        preliminary ruling in the case of Freskot AE against the Greek
                                                                        State on the following question:
                                                                        Whether the imposition of the insurance contribution referred
Reference for a preliminary ruling by the VAT and Duties                to in the grounds of the judgment, to which domestically-
Tribunal, Manchester Tribunal Centre, by direction of                   produced agricultural products and by-products of vegetable
that court of 8 September 2000, in the case of Keeping                  or animal origin or originating from fishing are subject and
Newcastle Warm against Commissioners of Customs and                     which is levied and paid as income to the competent public
                              Excise                                    finance service, is, given the objective which it pursues, namely
                                                                        organising and implementing programmes of proactive protec-
                        (Case C-353/00)                                 tion and insuring the production and assets of agricultural
                                                                        enterprises, contrary to the provisions of European Union law
                                                                        concerning the free movement of goods (Article 28), the
                        (2000/C 335/66)                                 common agricultural policy (Articles 38, 39 and 40), the
                                                                        freedom to provide services (Articles 59 and 60), permitted
Reference has been made to the Court of Justice of the                  State aid (Article 92) and the provisions of the First Council
European Communities by a direction of the VAT and Duties               Directive 73/239/EEC of 24 July 1973.
Tribunal, Manchester Tribunal Centre, of 8 September 2000,
which was received at the Court Registry on 25 September
2000, for a preliminary ruling in the case of Keeping Newcastle
Warm against Commissioners of Customs and Excise, on the
following questions:
1)    Is a payment made by the Energy Grants Action Agency              Reference for a preliminary ruling from the Tribunal de
      to the Appellant, which receives it in respect of energy          Commerce, Foix, France, by judgment of that court of
      advice given to an eligible householder, a subsidy within         25 September 2000 in the case of Réunion des Assureurs
      the meaning of that word in Article 11.A.I (a) of the EC                             Maladie v Jean Marc Laboup
      Sixth Council Directive (77/388/EEC) (1)?
                                                                                                  (Case C-359/00)
2)    If the answer to the first Question is yes, is that payment
      also directly linked to the price of the supply of energy                                  (2000/C 335/68)
      advice, so as to form part of the taxable amount of
      that supply by reason of the concluding words of                  Reference has been made to the Court of Justice of the
      Article 11.A. 1(a)?                                               European Communities by a judgment of the Tribunal de