CELEX: C2001/028/31
Language: en
Date: 2001-01-27 00:00:00
Title: Case C-416/00: Reference for a preliminary ruling by the Tribunale di Padova by order of that court of 16 October 2000 in the case of Tommaso Morellato against Comune di Padova

27.1.2001              EN                    Official Journal of the European Communities                                     C 28/17
Are the provisions of Article 56 et seq. of the EC Treaty to be         4.    must Article 14(4) of Law No 580 of 4 July 1967
interpreted as precluding the application of Paragraphs 13, 36                (replaced by Article 44(4) of Law No 146 of 22 February
and 43 of the Salzburger Grundverkehrsgesetz (Salzburg land                   1994) be disapplied by the Italian courts?
Transfer Law) of 1997 in the version published in LGBl.
No. 11/1999, whereby any person who wishes to acquire a
building plot in the federal Land of Salzburg must comply with          5.    must bread baked from frozen or non-frozen part-baked
a notification or authorisation procedure in respect of the                   bread (lawfully manufactured in and imported from
acquisition of that plot, with the consequence that one of the                France) be allowed into free circulation without any
fundamental freedoms of the acquirer of title as guaranteed by                restriction, such as the previous packaging requirement
the laws of the European Union has been infringed in this                     provided for in Article 14(4) of Law No 580 of 4 July
case?                                                                         1967 (replaced by Article 44(4) of Law No 146 of
                                                                              22 February 1994)?
Reference for a preliminary ruling by the Tribunale di
Padova by order of that court of 16 October 2000 in the
  case of Tommaso Morellato against Comune di Padova                    Reference for a preliminary ruling by the Unabhängiger
                                                                        Verwaltungssenat Salzburg by order of that court of
                                                                        31 October 2000 in the appeal concerning (1) Dr Werner
                                                                        Salentinig, (2) Bürgermeister der Landeshauptstadt Salz-
                         (Case C-416/00)
                                                                        burg, and (3) Grundverkehrsbeauftragter des Landes Salz-
                                                                                                      burg
                          (2001/C 28/31)
                                                                                                (Case C-420/00)
Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale Civile di
                                                                                                 (2001/C 28/32)
Padova — Sezione II (Padua Civil District Court — Second
Chamber) of 16 October 2000, which was received at the
Court Registry on 13 November 2000, for a preliminary ruling
in the case of Tommaso Morellato against Comune di Padova               Reference has been made to the Court of Justice of the
on the following questions:                                             European Communities by order of the Unabhängiger Verwal-
                                                                        tungssenat Salzburg of 31 October 2000, received at the Court
                                                                        Registry on 14 November 2000, for a preliminary ruling
1.    must Article 14(4) of Law No 580 of 4 July 1967                   in the appeal concerning Dr (1) Werner Salentinig, (2)
      (replaced by Article 44(4) of Law No 146 of 22 February           Bürgermeister der Landeshauptstadt Salzburg, and (3) Grund-
      1994), as interpreted by the Mayor of the Commune of              verkehrsbeauftragter des Landes Salzburg:
      Padua in the contested order, in so far as it prohibits the
      sale of bread baked from frozen or non-frozen part-baked
      bread (lawfully manufactured in and imported from                 Are the provisions of Article 56 et seq. of the EC Treaty to be
      France), if it has not previously been packaged by the            interpreted as precluding the application of Paragraphs 12, 36
      reseller, be regarded as incompatible with Articles 30 and        and 43 of the Salzburger Grundverkehrsgesetz (Salzburg Land
      36 of the EC Treaty?                                              Transfer Law) of 1997 in the version published in LGBl.
                                                                        No. 11/1999, whereby any person who wishes to acquire a
2.    must Article 14(4) of Law No 580 of 4 July 1967                   building plot in the federal Land of Salzburg must comply with
      (replaced by Article 44(4) of Law No 146 of 22 February           a notification or authorisation procedure in respect of the
      1994) and the subsequent construction placed upon it by           acquisition of that plot, with the consequence that one of the
      the Mayor of the Commune of Padua be regarded as a                fundamental freedoms of the acquirer of title as guaranteed by
      quantitative restriction or a measure having equivalent           the laws of the European Union has been infringed in this
      effect within the meaning of Article 30 of the EC Treaty?         case?
3.    if so, may the Italian State avail itself of the derogation
      provided for by Article 36 of the Treaty for the purpose
      of protecting the health and lives of humans?