CELEX: C1998/358/11
Language: en
Date: 1998-11-21 00:00:00
Title: ORDER OF THE COURT of 23 September 1998 in Joined Cases C-332/96 and C-333/96 (reference for a preliminary ruling from the Pretura Circondariale di Roma): Consorzio Nazionale Tabacchi Soc. Coop. a.r.l. (Conata) (C-332/96), Agrindustria Srl (C-333/96) v. Azienda di Stato per gli interventi nel mercato agricolo (AIMA) (Article 104(3) of the Rules of Procedure - Manifestly identical question)

21.11.98              EN                  Official Journal of the European Communities                                      C 358/5
by failing to establish the codes of good agricultural               certain dangerous substances and preparations (OJ L 262,
practice and to notify the Commission thereof, the                   27.9.1976, p. 201), as amended by Council Directive
Kingdom of Spain has failed to fulfil its obligations under          91/173/EEC (OJ L 85, 5.4.1991, p. 34), and of
Articles 3 and 4 of Council Directive 91/676/EEC of                  Article 100a(4) of the EC Treaty Ð the Court (Sixth
12 December 1991 concerning the protection of waters                 Chamber), composed of: H. Ragnemalm, President of the
against pollution caused by nitrates from agricultural               Chamber, R. Schintgen, G. F. Mancini, P. J. G. Kapteyn
sources (OJ L 375, 31.12.1991, p. 1) Ð the Court (Sixth              (Rapporteur) and G. Hirsch, Judges; A. Saggio, Advocate-
Chamber), composed of: H. Ragnemalm, President of the                General; H. A. Rühl, Principal Administrator, for the
Chamber, G. F. Mancini, J. L. Murray (Rapporteur), G.                Registrar, has given a judgment on 1 October 1998, in
Hirsch and K. M. Ioannou, Judges; J. Mischo, Advocate-               which it has ruled:
General; R. Grass, Registrar, has given a judgment on
1 October 1998, in which it:
                                                                     The limit value established in the first sentence of point 23
                                                                     of Annex I to Council Directive 76/769/EEC of 27 July
1. Declares that by failing to designate the zones                   1976 on the approximation of the laws, regulations and
     considered to be vulnerable and to notify the                   administrative provisions of the Member States relating to
     Commission of those designations and by failing to              restrictions on the marketing and use of certain dangerous
     establish the codes of good agricultural practice for           substances and preparations, as amended by Council
     the autonomous communities other than Andalucia,                Directive 91/173/EEC of 21 March 1991, is applicable to
     Cantabria, Madrid, Murcia, Navarre and Valencia                 PCP, its salts and esters and to preparations produced
     and to notify the Commission thereof, the Kingdom               from those substances, but not to products treated with
     of Spain has failed to fulfil its obligations under             those substances or preparations.
     Articles 3 and 4 of Council Directive 91/676/EEC of
     12 December 1991 concerning the protection of
     waters against pollution caused by nitrates from                (1) OJ C 181, 14.6.1997.
     agricultural sources;
2. Orders the Kingdom of Spain to pay the costs.
(1) OJ C 108, 5.4.1997.
                                                                                       ORDER OF THE COURT
                                                                                         of 23 September 1998
                                                                     in Joined Cases C-332/96 and C-333/96 (reference for a
                                                                     preliminary ruling from the Pretura Circondariale di
                                                                     Roma): Consorzio Nazionale Tabacchi Soc. Coop. a.r.l.
               JUDGMENT OF THE COURT                                 (Conata) (C-332/96), Agrindustria Srl (C-333/96) v.
                                                                     Azienda di Stato per gli interventi nel mercato agricolo
                        (Sixth Chamber)                                                        (AIMA) (1)
                      of 1 October 1998
                                                                     (Article 104(3) of the Rules of Procedure Ð Manifestly
in Case C-127/97 (reference for a preliminary ruling from                                  identical question)
the Bayerisches Verwaltungsgericht Regensburg): Willi
                                                                                             (98/C 358/11)
                Burstein v. Freistaat Bayern (1)
              (Article 100a(4) of the EC Treaty)
                                                                                     (Language of the case: Italian)
                         (98/C 358/10)
               (Language of the case: German)                          (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)                   In Joined Cases C-332/96 and C-333/96: reference to the
                                                                     Court under Article 177 of the EC Treaty from the
                                                                     Pretura Circondariale di Roma (Italy) for a preliminary
In Case C-127/97: reference to the Court under Article 177           ruling in the proceedings pending before that court
of the EC Treaty from the Bayerisches Verwaltungsgericht             between Consorzio Nazionale Tabacchi Soc. Coop. a.r.l.
Regensburg (Bavarian Administrative Court) (Germany),                (Conata) (C-332/96) and Agrindustria Srl (C-333/96) and
for a preliminary ruling in the proceedings pending before           Azienda di Stato per gli interventi nel mercato agricolo
that court between Willi Burstein and Freistaat Bayern Ð             (AIMA) on the validity of Commission Regulation (EC)
on the interpretation of Council Directive 76/769/EEC of             No 3477/93 of 17 December 1993 concerning the
27 July 1976 on the approximation of the laws,                       agricultural conversion rates to be applied in the
regulations and administrative provisions of the Member              tobacco sector (OJ L 317, 8.12.1993, p. 30) Ð the Court,
States relating to restrictions on the marketing and use of          composed of: G. C. Rodríguez Iglesias, President,
 ---pagebreak--- C 358/6               EN                  Official Journal of the European Communities                                     21.11.98
C. Gulmann, H. Ragnemalm, M. Wathelet and R.                         Circondariale, Pinerolo (District Magistrate's Court,
Schintgen, Presidents of Chambers, G. F. Mancini, J. C.              Pinerolo), of 3 September 1998, received at the Court on
Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray,                 21 September 1998, for a preliminary ruling in the case of
D. A. O. Edward, J.-P. Puissochet, G. Hirsch, P. Jann, L.            Renato Collino and Luisella Chiappero against Telecom
Sevón (Rapporteur) and K. M. Ioannou, Judges; J.                     Italia SpA on the following questions:
Mischo, Advocate-General; R. Grass, Registrar, has made
an order on 23 September 1998, the operative part of
which is as follows:                                                 (A)    Does Article 1 of Directive 77/187/EEC (1) apply to
                                                                            the transfer for value, authorised by law
                                                                            promulgated by the State and implemented by
Consideration of the question referred has not disclosed                    ministerial decree, of an undertaking managed by a
any factor of such a kind as to affect the validity of                      public entity which is a direct emanation of the
Article 5 of Commission Regulation (EC) No 3477/93 of                       State to a private company formed by another
17 December 1993 concerning the agricultural conversion                     public entity which holds all its shares, where the
rates to be applied in the tobacco sector.                                  activity transferred is assigned to the private
                                                                            company under the administrative licence system?
(1) OJ C 354, 23.11.1996.
                                                                     and if so
                                                                     (B1) Does Article 3(1) of Directive 77/187/EEC require it
                                                                            to be held that the continuation of the employment
Reference for a preliminary ruling by the Finanzgericht                     relationship with the transferor is mandatory, with
Düsseldorf by order of that court of 14 September 1998 in                   the result that the worker's length of service
  the case of Peacock AG against Hauptzollamt Paderborn                     continues to be computed as from the date on which
                                                                            he was taken on by the transferor and he continues
                       (Case C-339/98)
                                                                            to be entitled to payment of a lump sum by way of
                         (98/C 358/12)                                      severance pay which treats as a single unit the time
                                                                            spent by him in the transferor and transferee's
                                                                            employment?
Reference has been made to the Court of Justice of the
European Communities by order of the Finanzgericht
Düsseldorf (Finance Court, Düsseldorf) of 14 September               (B2) On a proper construction of Article 3(1), do the
1998, received at the Court Registry on 17 September                        worker's rights' transferred to the transferee in any
1998, for a preliminary ruling in the case of Peacock AG                    event include the advantages acquired by him while
against Hauptzollamt Paderborn on the following                             employed by the transferor, such as length of service
question:                                                                   if, under the system of collective bargaining
                                                                            applicable in the transferee's business, length of
                                                                            service entails the acquisition of rights of a financial
Is Note 5B to Chapter 84 of the combined nomenclature                       nature?
in the version which was in force from 1990 to 1995 to be
interpreted as meaning that the transmission of data using
                                                                     (1) OJ L 61, 5.3.1977, p. 26.
the network cards (1) described in more detail in the
grounds of this order is not to be regarded as a specific
function but as data processing, so that the network cards
are to be classified under heading 8473?
(1) In particular Microdyne Corporation's NE2000 and NE5500
    Ethernet Network Adapter Cards.                                  Reference for a preliminary ruling by the Tribunal da
                                                                     Comarca SetuÂbal, Third Civil Chamber, by order of that
                                                                     court of 15 July 1998 in the case of Vitor Manuel Mendes
                                                                     Ferreira and Maria Clara Delgado Correia Ferreira, his
                                                                     spouse, against Companhia de Seguros Mundial ConfiancËa
                                                                                                   S.A.
Reference for a preliminary ruling from the Pretura                                          (Case C-348/98)
Circondariale, Pinerolo (Italy), by order of that court of
3 September 1998 in the case of Renato Collino and                                            (98/C 358/14)
        Luisella Chiappero against Telecom Italia SpA
                       (Case C-343/98)
                                                                     Reference has been made to the Court of Justice of the
                         (98/C 358/13)                               European Communities by order of the Tribunal da
                                                                     Comarca (District Court), SetuÂbal, Third Civil Chamber,
                                                                     of 15 July 1998, received at the Court Registry on
Reference has been made to the Court of Justice of                   24 September 1998, for a preliminary ruling in the case of
the European Communities by order of the Pretura                     Vitor Manuel Mendes Ferreira and Maria Clara Delgado