CELEX: C1997/074/34
Language: en
Date: 1997-03-08 00:00:00
Title: Reference for a preliminary ruling by the Tribunale Civile di Genova by orders of that court of 19, 21 and 23 November 1996 in the cases before it between 1. Fiduciaria Internazionale Srl; 2. Giolfo e C. Srl; 3. Ligure Piemontese Società d'Intermediazione Mobiliare SpA; 4. So.Me.Fi. Srl; 5. Saia Srl; 6. Svin Servizi Spa and Amministrazione delle Finanze dello Stato (Cases C-25/97 and C-30/97)

8 . 3 . 97               EN |                   Official Journal of the European Communities                                No C 74/ 17
— order the Federal Republic of Germany to bear the                             under Community law, a time-limit which starts to run
       costs of the proceedings.                                                before the correct and complete transposition into
                                                                                national law of the Directive conferring that right
Pleas in law and main arguments adduced in support:                             compatible with Community law ?
Infringement of the obligations under Articles 48 , 52 and                 2. Is it compatible with Community law to provide a
59 of the EC Treaty and under Article 4 of Council                              party whose rights are recognized as having been
Directive 68/360/EEC and Article 4 of Council Directive                         infringed, and to whom repayment of the sums
73/148/EEC : the starting point is the freedom of                               claimed is granted, with a remedial procedure under
movement of persons enshrined in Community law and                              which the rules as to quantum differ from, and
the principle of 'national treatment'. Infringements by                         compare unfavourably with, those laid down in
German nationals of paragraph 5 ( 1 ) No 1 and 2 of the                         respect of actions for repayment between private
PersonalausweisG are comparable to infringements by                             individuals, and are substantially determined by a
non-German Community nationals of paragraph 12a ( 1 )                           measure enacted by the same State as that which
No 2 of the AufenthG/EWG. This comparableness is                                infringed the injured party's rights by failing to fulfil
substantiated not only by the fact that Article 9 ( 1 ) of                      its obligations ?
Directive 68/360/EEC and Article 7 of Directive 73/ 148/EEC
expressly refer to identity cards for nationals . Since the lack
of a valid identity card, passport or other papers listed in
paragraph 12a ( 2 ) of the AufenthG/EWG does not remove
the right of residence resulting from Community law, in each
case, both that of a non-German Community national and                     Action brought on 31 January 1997 by the European
that of a German national, the obligation to prove one's                      Parliament against the Council of the European Union
identity also concerns an, in principle, equivalent
administrative rule with — in the case of a non-German                                            ( Case C-42/97)
Community national — purely declaratory effect in regard to                                         ( 97/C 74/35 )
the Community-law residence permit.
Consequently, neither a different standard of fault nor a                  An action against the Council of the European Union was
different scale of fines is permissible .                                  brought before the Court of Justice of the European
                                                                           Communities on 31 January 1997 by the European
                                                                           Parliament, represented by Johann Schoo and Norbert
( : ) OJ English Special Edition 1968 (II), p. 485 .                       Lorenz, acting as Agents, with an address for service in
( 2 ) OJ No L 172 , 28 . 6 . 1973 , p. 14.
                                                                           Luxembourg at the Registry of the General Secretariat of
                                                                           the European Parliament, Tower Building.
                                                                           The European Parliament claims that the Court should:
Reference for a preliminary ruling by the Tribunale Civile                 — annul, pursuant to Article 173 of the EC Treaty, the
di Genova by orders of that court of 19, 21 and 23                              Council 's decision of 21 November 1996 on the
November 1996 in the cases before it between 1 . Fiducia­                       adoption of a multiannual programme to promote the
ria Internazionale Srl; 2 . Giolfo e C. Srl; 3 . Ligure Piemon­                 linguistic diversity of the Community in the
tese Società d'Intermediazione Mobiliare SpA; 4. So.Me.Fi.                      information society ( MLIS ),
Srl; 5 . Saia Srl; 6. Svin Servizi Spa and Amministrazione
                      delle Finanze dello Stato
                                                                           — order the defendant to pay the costs.
                   ( Cases C-25/97 and C-30/97 )
                              ( 97/C 74/34 )                               Pleas in law and main arguments adduced in support:
Reference has been made to the Court of Justice of the                     The aim of the contested act, and the principal and
European Communities by orders of the Tribunale di Ge­                     definitive subject of its contents, is the promotion of
nova ( Genoa District Court) Sezione Prima Civile ( First                  linguistic diversity. The Community languages represent,
Civil Division ) of 19, 21 and 23 November 1996 , which                    in their diversity and richness, a cultural asset of the
were received at the Court Registry on 22 January 1997,                    greatest value . By means of the MLIS programme, the
for a preliminary ruling in the cases before it between 1 .                citizens of the Community will be able to improve their
Fiduciaria Internazionale Sri; 2. Giolfo e C. Sri; 3 . Ligure              knowledge of the cultures of the other Member States,
Piemontese Societa d'lntermediazione Mobiliare SpA; 4 .                    which is an objective expressly envisaged by the first
So.Me.Fi . Sri; 5 . Saia Sri; 6 . Svin Servizi SpA and Ammini­             indent of Article 128 ( 2 ) of the EC Treaty. The contested
strazione delle Finanze dello Stato on the following                       act cannot therefore be adopted solely on the basis of
questions:                                                                 Article 130 of the Treaty, without also being based on
                                                                           Article 128 .
1 . Is national legislation which sets, in respect of the
       initiation of proceedings to safeguard a right arising