CELEX: C1995/159/30
Language: en
Date: 1995-06-24 00:00:00
Title: References for preliminary rulings from the Pretura Circondariale di Bassano del Grappa by orders of that court of 21 March 1995 in the cases of 1. Danila Bonifaci and Others, 2. Wanda Berto and Others v. Istituto Nazionale della Previdenza Sociale (INPS) (Cases C-94/95 and C-95/95)

No C 159/ 16          EN                  Official Journal of the European Communities                                    24 . 6 . 95
    which judgments are based requires those reasons, in                  procedural conditions laid down by the national law of
    particular, to be legally admissible, that is to say,                 the Member States concerning claims for reparation of
    relevant, free from errors of law or fact and                         damage on account of failure to implement a
    consistent,                                                           Community directive must be the same as ( or in any
                                                                          event not more unfavourable than) those laid down by
— infringement of the Staff Regulations of officials of the               the national legislator in belatedly implementing the
    European Communities, in particular Article 73 thereof,               Directive itself?
    and of the Rules on the Insurance of Officials of the
    European Communities against the risk of Accident and            (') OJ No L 283 , 20 . 10 . 1980 , p . 23 .
    of Occupational Disease , in particular Article 3
    thereof,
— breach of the general legal principles applying under
    Community law, namely, in particular, the principles of          Reference for a preliminary ruling from the Oberver­
    legal certainty, good faith, the protection of legitimate        waltungsgericht fiir das Land Nordrhein-Westfalen by
                                                                     order of that court of 17 March 1995 in the case of Paul
    expectations and the duty to have regard for the welfare
                                                                     Daut GmbH &c Co KG v. Oberkreisdirektor des Kreises
    and/or interests of officials, of the principle that acts
    should be done within a reasonable time, and also of the                                         Gxitersloh
    principle that all administrative acts must be based on                                     ( Case C-105/95 )
    reasons which are legally admissible, that is to say,                                         ( 95/C 159/31 )
    relevant and free from errors of law and/or fact .
                                                                     Reference has been made to the Court of Justice of the
                                                                     European Communities by an order of the Thirteenth
                                                                     Senate of the Oberverwaltungsgericht fiir das Land
                                                                     Nordrhein-Westfalen ( Higher Administrative Court, North
References for preliminary rulings from the Pretura                  Rhine Westphalia ) of 17 March 1995 , which was received at
Circondariale di Bassano del Grappa by orders of that court          the Court Registry on 31 March 1995 , for a preliminary
of 21 March 1995 in the cases of 1 . Danila Bonifaci and             ruling in the case of Paul Daut GmbH & Co KG v.
Others, 2 . Wanda Berto and Others v. Istituto Nazionale             Oberkreisdirektor des Kreises Giitersloh on the following
               délia Previdenza Sociale ( INPS )                     questions:
                ( Cases C-94/95 and C-95/95 )
                                                                     Is it compatible with Articles 30 and 36 of the EC Treaty in
                         ( 95/C 159/30 )                             conjunction with Council Directive 64/433/EEC on health
                                                                     requirements and the marketing of fresh meat (*) ('the fresh
References have been made to the Court of Justice of the             meat Directive ') in the codified version annexed to Council
European Communities by orders of the Pretura                        Directive 91/497/EEC of 29 July 1991 ( 2 ) as amended by
Circondariale di Bassano del Grappa ( District Magistrate's          Directive 92/5/EEC of 10 February 1992 ( 3 ) and in
Court, Bassano del Grappa ) of 21 March 1995 , which were            conjunction with Directive 77/99/EEC on health problems
received at the Court Registry on 24 March 1 995 , for               affecting intra-Community trade in meat products ( 4 ) ('the
preliminary rulings in the cases of 1 . Danila Bonifaci and          meat products Directive') in the version annexed to
Others, 2 . Wanda Berto and Others v. Istituto Nazionale             Directive 92/5/EEC if the respondent — on the basis of
délia Previdenza Sociale ( National Social Welfare                   paragraph 17 ( 1 ) ( 2 ) of the Verordnung iiber die
Institution — INPS ) on the following questions :                    hygienischen           Anforderungen         und     amtlichen
                                                                     Untersuchungen beim Verkehr mit Fleisch ( Regulations on
1 . Must Article 4 ( 2 ) of Council Directive 80/987/EEC ( l )       hygiene requirements and official examinations relating to
     be interpreted as meaning that the Member States may            trade in meat, 'the FlHV') of 30 October 1986 , BGBl 1 1678 ,
     opt to limit the liability of the guarantee institutions to     as last amended by the EWR-Ausfiihrungsgesetz ( EEA
     pay remuneration to a particular period of time — in this       implementation law ) of 27 April 1993 , BGBl I 512, 552 —
     case, 12 months — even in cases where the period in time        objects to the import of frozen mechanically recovered meat
     in question was exceeded not because of inertia                 in the case of an EC-authorized German establishment
     amounting to fault on the part of the employee                  which is in a position to carry out heat treatment within the
     concerned and, in particular, where the employee claims         meaning of the meat products Directive and obtains frozen
     compensation for damage on account of the                       mechanically recovered meat from an EC-authorized
     non-implementation or the belated implementation of             Belgian establishment in accordance with the designation of
     the Directive itself ?                                          the Belgian EC veterinarian in order to subject it to heat
                                                                     treatment within the meaning of the meat products
2 . In the event that question 1 is answered # in the                Directive and further process it, and if not is agreement with
     affirmative, must Article 4 ( 2 ) of the Directive be           the competent German veterinary authority necessary and
     considered valid in the light of the principle of equality      between whom ?
     and non-discrimination ?
                                                                     (J)  OJ No  121 , 29 . 7. 1964 , p . 2012 .
3 . Must paragraph 43 of the Judgment of the Court of                (2 ) OJ No  L 268 , 24 . 9 . 1991 , p . 69 .
                                                                     (3 ) OJ No  L 57, 2 . 3 . 1992 , p . 1 .
     Justice of 19 November 1991 in Joined Cases C-6/90
                                                                     (4 ) OJ No  L 26 , 31 . 1 . 1977, p . 85 .
     and C-9/90 Francovich and Others v. Italian Republic
     be interpreted as meaning that the substantive and