CELEX: C1998/397/30
Language: en
Date: 1998-12-19 00:00:00
Title: Reference for a preliminary ruling by the Immigration Appeal Tribunal, by order of that court of 9 October 1997, in the case of Secretary of State for the Home Department against Mustafa Saglam (Case C-370/98)

C 397/18               EN                   Official Journal of the European Communities                                   19.12.98
                agricultural aid in respect of the same land as        (1) Did Article 12 of the Agreement establishing an
                the former claimant even where the former                  Association between the European Economic
                claimant refuses to disclose the information;              Community and Turkey signed at Ankara on
                                                                           12 September 1963 (the EEC-Turkey Agreement')
                and as regards the information to be                       become directly effective at the end of the transitional
                disclosed:                                                 period (31 December 1993) in accordance with
                                                                           Article 36 of the Additional (Financial) Protocol to
           (c) to that information which does not constitute               the EEC-Turkey Agreement signed at Brussels on
                commercially confidential information; and/                23 November 1970 (the Additional Protocol')?
                or
           (d) to that information which it is necessary to            (2) Is Article 6 of Decision 1/80 of the Council of
                disclose to ensure that the person requesting              Association (Decision 1/80'):
                the information can, by taking reasonable
                steps, avoid incurring penalties in connection             (i)   ultra vires the Council of Association by
                with his own application for agricultural aid.                   requiring satisfaction of the condition duly
                                                                                 registered as belonging to the labour force of a
                                                                                 Member State';
(2) If the answer to question 1(i) is yes', and the
      competent authorities have unlawfully failed to
                                                                           (ii) contrary to the principle of non-discrimination
      disclose information requested in circumstances where
                                                                                 contained in Article 9 of the EEC-Turkey
      had the person received the information he would
                                                                                 Agreement;
      have set aside only eligible land, is the imposition of
      penalties under Article 9 of Regulation (EEC)
      No 3887/92 (2) for this reason alone rendered                        (iii) unlawful after the expiry of the transitional
      unlawful;                                                                  period;
                                                                           (iv) otherwise unlawful;
(3) Whether or not the failure by the competent
      authorities to disclose the information referred to in
      question 1(i) above was lawful or unlawful, are they                 inasmuch as it limits the scope of Article 12 of the
      entitled to use against a person information which,                  EEC-Turkey Agreement?
      despite requests for same, they had refused to supply
      to that person.
                                                                       (3) If the answer to question 2 is that there is no factor
( ) Council Regulation (EEC) No 3508/92 of 27 November 1992
 1                                                                         affecting the validity of Article 6(1) of Decision 1/80,
    establishing an integrated administration and control system           is the phrase duly registered' as belonging to the
    for certain Community aid schemes (OJ L 355, 5.12.1992,                labour force of a Member State:
    p. 1).
(2) Commission Regulation (EEC) No 3887/92 of 23 December
    1992 laying down detailed rules for applying the integrated            (i)   to be interpreterd as meaning that a Turkish
    administration and control system for certain Community aid                  worker must comply with conditions imposed by
    schemes (OJ L 391, 31.12.1992, p. 36).                                       a Member State as part of its immigration laws,
                                                                                 such as a condition restricting the duration of
                                                                                 employment within that Member State, as well
                                                                                 as satisfying the conditions of that Member
                                                                                 State's employment law as to the legality,
                                                                                 stability and permanence of his employment; or
Reference for a preliminary ruling by the Immigration                      (ii) to be interpreted by reference to the concept of
Appeal Tribunal, by order of that court of 9 October                             lawful, permanent and stable employment under
1997, in the case of Secretary of State for the Home                             the applicable legislation of the Member State
              Department against Mustafa Saglam                                  relating to employment law; or
                        (Case C-370/98)
                                                                           (iii) to be interpreted as being satisfied, in any event,
                          (98/C 397/30)
                                                                                 by the Turkish worker's name appearing on any
                                                                                 systematic database maintained by the Member
                                                                                 State for the purposes of social security which
Reference has been made to the Court of Justice of the                           contains the details of every member of the
European Communities by an order of the Immigration                              workforce of that Member State?
Appeal Tribunal of 9 October 1997, which was received
at the Court Registry on 16 October 1998, for a
preliminary ruling in the case of Secretary of State for the           (4) Is the answer to question 3, or to any part thereof,
Home Department against Mustafa Saglam, on the                             affected by Article 7 of Decision 2/76 and, if so, in
following questions:                                                       what way and with what result?
 ---pagebreak--- 19.12.98              EN               Official Journal of the European Communities                                   C 397/19
(5) Is the prohibition on discrimination, whether overt or        on 16 October 1998, for a preliminary ruling in the case
     covert, contained in Article 9 of the EEC-Turkey             of The Queen against Minsitry of Agriculture, Fisheries
     Agreement, and/or Article 12 of the EEC-Turkey               and Food, ex parte: J. H. Cooke and Sons (a firm), on the
     Agreement and/or Article 37 of the Additional                following question:
     Protocol to be interpreted as precluding a Member
     State from applying its immigration rules in a way
     that grants a Turkish national temporary, rather than        Is the expression an area which has been cultivated in the
     permanent, permission to engage in employment?               previous year with a view to a harvest' in Article 2 of
                                                                  Commission Regulation (EC) No 762/94 (1) of 6 April
                                                                  1994, laying down detailed rules for the application of
                                                                  Council Regulation (EEC) No 1765/92 (2) with regard to
                                                                  the set-aside scheme, to be interpreted as including land
                                                                  which has been in grass in the previous year, where the
                                                                  grass has been cut and used for silage?
Reference for a preliminary ruling by the High Court of
Justice (England and Wales), Queen's Bench Division, by
                                                                  (1) OJ L 90, 7.4.1994, p. 8.
order of that court of 21 July 1998, in the case of The
                                                                  (2) OJ L 181, 1.7.1992, p. 12.
Queen against Secretary of State for the Environment,
Transport and the Regions, ex parte: First Corporate
                         Shipping Ltd
                       (Case C-371/98)
                        (98/C 397/31)
                                                                  Reference for a preliminary ruling by the Landgericht Kiel
Reference has been made to the Court of Justice of the            by order of that court of 13 October 1998 in the case of
European Communities by an order of the High Court of             PreussenElektra Aktiengesellschaft against Schleswag
Justice (England and Wales), Queen's Bench Division, of                                  Aktiengesellschaft
21 July 1998, which was received at the Court Registry on                                (Case C-379/98)
16 October 1998, for a preliminary ruling in the case of
The Queen against Secretary of State for the Environment,                                  (98/C 397/33)
Transport and the Regions, ex parte: First Corporate
Shipping Ltd, on the following question:
                                                                  Reference has been made to the Court of Justice of the
                                                                  European Communities by order of the Second
Is a Member State entitled or obliged to take account of          Commercial Chamber of the Landgericht Kiel (Regional
the considerations laid down in Article 2(3) and Council          Court, Kiel) of 13 October 1998, received at the Court
Directive 92/43/EEC (1) on the conservation of natural            Registry on 23 October 1998, for a preliminary ruling in
habitats and of wild fauna and flora, namely, economic,           the case of PreussenElektra Aktiengesellschaft against
social and cultural requirements and regional and local           Schleswag Aktiengesellschaft on the following questions:
characteristics, when deciding which sites to propose to
the Commission pursuant to Article 4(1) of that Directive
and/or defining the boundaries of such sites?
                                                                  (a) Do the rules on payment and compensation for
                                                                       supplies of electricity, laid down in Paragraph 2 or 3
(1) OJ L 206, 22.7.1992, p. 7.                                         or 4 or in Paragraphs 2 to 4 of the Law governing the
                                                                       supply of electricity from renewable energy sources
                                                                       over the public grid (Law on the supply of electricity)
                                                                       of 7 December 1990 (BGBl I, at p. 26 to 33), in the
                                                                       version set out in Article 3(2) of the Law reforming
                                                                       the law governing the energy supply industry of
                                                                       24 April 1998 (BGBl I, p. 730 (p. 734 to 736)),
Reference for a preliminary ruling by the High Court of                constitute State aid for the purposes of Article 92 of
Justice (England and Wales), Queen's Bench Division, by                the EC Treaty?
order of that court, of 25 August 1998, in the case of
The Queen against Ministry of Agriculture, Fisheries and
       Food, ex parte: J. H. Cooke and Sons (a firm)                   Is Article 92 of the EC Treaty to be interpreted as
                       (Case C-372/98)                                 meaning that the underlying concept of aid also
                                                                       covers national rules for the benefit of the recipient of
                        (98/C 397/32)                                  the payment, under which the costs entailed are not
                                                                       met, either directly or indirectly, from the public
                                                                       budget but are borne by individual undertakings in a
Reference has been made to the Court of Justice of the                 sector, which have a statutory obligation to purchase
European Communities by an order of the High Court of                  at fixed minimum prices, and which are precluded by
Justice (England and Wales), Queen's Bench Division, of                law and circumstance from passing those costs on to
25 August 1998, which was received at the Court Registry               the final consumer?