CELEX: C1996/197/26
Language: en
Date: 1996-07-06 00:00:00
Title: Reference for a preliminary ruling from the Bundesfinanzhof by order of that court of 7 March 1996 in the case of A. Racke GmbH & Co. v. Hauptzollamt Mainz (Case C-162/96)

6 . 7 . 96          I EN |                 Official Journal of the European Communities                                 No C 197/13
Reference for a preliminary ruling by the High Court of               persons residing in another Member State are liable to pay
Justice, Queen's Bench Division, by order of that court of            compulsory contributions, even though their entitlement to
3 May 1996, in the case of The Queen against Ministry of              benefits is simultaneously excluded or suspended because of
Agriculture Fisheries and Food and The Commissioners for              their place of residence ?
Customs & Excise, ex parte: The National Farmers' Union,
David Burnett and Sons Limited, R. S. and E. Wright
Limited, Anglo Beef Processors Limited, United Kingdom
Genetics (a firm), Wyjac Calves Limited, International
Traders Ferry Limited, MFP International Limited,                     Reference for a preliminary ruling from the
Interstate Truck Rental Limited and Vian Exports Limited,             Bundesfinanzhof by order of that court of 19 March 1996 in
Interveners: Anglo Dutch Meat Exports Limited, Beck Food              the case of Siidzucker AG Mannheim/Ochsenfurt v.
Group Limited, First City Trading Limited, Weddel Swift                                 Hauptzollamt Mannheim
Limited, Carrex August Limited, Meatal Supplies                                              ( Case C-161/96 )
(Wholesale Meats ) Limited, Meat Marketing Services ( UK )
Limited, NWL ( Ireland) Limited, Hibernia Foods pic, D. T.                                      ( 96/C 197/25 )
Duggins Limited, Swallow Foods International Limited and
          The British Association of Sheep Exporters                  Reference has been made to the Court of Justice of the
                                                                      European Communities by an order of the Seventh Senate of
                         Case C-157/96 )                              the Bundesfinanzhof ( Federal Finance Court) of 19 March
                          ( 96/C 197/23 )                             1996 , which was received at the Court Registry on 13 May
                                                                      1 996, for a preliminary ruling in the case of Siidzucker AG
Reference has been made to the Court of Justice of the                Mannheim/Ochsenfurt v . Hauptzollamt Mannheim on the
European Communities by an order of the High Court of                 following question:
Justice, Queen's Bench Division, of 3 May 1996 , which was
received at the Court Registry on 8 May 1996 , for a                  Is    Commission     Regulation      ( EEC ) No 2670/81       of
preliminary ruling in the case of the Queen against Ministry          14 September 1981 laying down detailed implementing
of Agriculture Fisheries and Food and the Commissioners               rules in respect of sugar production in excess of the quota
for Customs & Excise, ex parte: The National Farmers'                 ( OJ L 262, 1981 , p . 14 ) in conjunction with Commission
Union and others , Interveners : Anglo Dutch Meat Exports             Regulation ( EEC ) No 3183/80 of 3 December 1980 laying
Limited and others, on the following question:                        down common detailed rules for the application of the
                                                                      system of import and export licences and advance fixing
Is Article 1 of Commission Decision 96/239/EC of 27 March             certificates for agricultural products ( OJ L 338 , 1980, p . 1 )
 1996 on emergency measures to protect against bovine                 valid, having regard in particular to the Community law
spongiform encephalopathy f 1 ), Official Journal 1996,               principle of proportionality, in so far as its result is that
No L 78 , p. 47, invalid in whole or in part, in particular           sugar is deemed to have been disposed of on the internal
because the Commission lacked the power or else misused               market — that being the basis for levying the charge on
the power to adopt the Commission Decision or because it              sugar production — if it has actually been exported but
infringes the principle of proportionality ?                          without completion of the customs formalities, and proof
                                                                      consequently cannot be furnished by means of copy No 1 of
 H OJ No L 78 , 28 . 3 . 1996 , p . 47 .                              the export licence with the attributions and endorsements of
                                                                      the customs authorities ?
 Reference for a preliminary ruling from the Sozialgericht
 Karlsruhe by order of that court of 28 March 1996 in the              Reference for a preliminary ruling from the
 case of Manfred Molenaar and Barbara Fath-Molenaar v.                Bundesfinanzhof by order of that court of 7 March 1996 in
      Allgemeine Ortskrankenkasse Baden-Wiirttemberg                   the case of A. Racke GmbH & Co. v. Hauptzollamt
                                                                                                      Mainz
                        ( Case C-160/96 )
                           ( 96/C 197/24 )                                                    ( Case C-162/96 )
                                                                                                 ( 96/C 197/26 )
 Reference has been made to the Court of Justice of the
 European Communities by an order of the Eleventh                      Reference has been made to the Court of Justice of the
 Chamber of the Sozialgericht ( Social Court) Karlsruhe of             European Communities by a an order of the Seventh Senate
 28 March 1996, which was received at the Court Registry               of the Bundesfinanzhof ( Federal Finance Court) of 7 March
 on 13 May 1996 , for a preliminary ruling in the case of              1996 , which was received at the Court Registry on 13 May
 Manfred      Molenaar       and   Barbara  Fath-Molenaar      v.      1996 , for a preliminary ruling in the case of A. Racke
 Allgemeine Ortskrankenkasse (general local health                     GmbH & Co . v . Hauptzollamt Mainz on the following
 insurance fund ) Baden-Wiirttemberg on the following                  questions :
 question :
                                                                        1 . Is Council Regulation (EEC ) No 3300/91 of
 Are Articles 6 and 48 ( 2 ) of the EEC Treaty to be interpreted            11 November 1991 suspending the trade concessions
 as restricting the right of a Member State to set up a social              provided for by the Cooperation Agreement between
 security system covering the risk of need of care as part of               the European Economic Community and the Socialist
 statutory compulsory insurance arrangements under which                    Federal Republic of Yugoslavia ( ] ) valid ?
 ---pagebreak--- No C 197/ 14             EN                    Official Journal of the European Communities                                       6 . 7. 96
2. If not, what are the consequences of invalidity for the                      terminal operator) gives rise to arrangements in the
      charging of customs duty in early May 1992 on wines                       market whereby users may have contractual
      originating in Serbia which were imported in the period                   relationships only with the terminal operator for the
      from mid-November 1991 to April 1992 and cleared for                      whole range of services which they need when visiting a
      warehousing in a customs warehouse ?                                      port in which the terminal operator or operators hold a
                                                                                dominant position in the market within the meaning of
      Are the quota-related preferential customs duties                         Article 86 of the Treaty ?
      granted in 1992 for wines from the territory of the
      former Yugoslavia other than Serbia applicable in that              3 . Do Articles 59 and 90 of the EC Treaty, in conjunction
      respect ?                                                                 with Article 86, in any event preclude national
                                                                                legislation which only allows an undertaking operating
                                                                                in a port to provide to other undertaking operating in
( ] ) OJ No L 315 , 15 . 11 . 1991 , p . 1 .
                                                                                the port, and in particular terminal operators, services
                                                                                limited to the mere supply of labour ?
Reference for a preliminary ruling by the Pretura
Circondariale di la Spezia by order of that court of 12 April             Reference for a preliminary ruling by the Consiglio di Stato
1996 in the criminal proceedings pending before it against                by order of that court of 9 January 1996 in the case of
                      Silvano Raso and Others                                          Regione Piemonte v. Sai Agricola SpA
                           ( Case C-163/96 )                                                         (Case C-164/96)
                             ( 96/C 197/27 )                                                           ( 96/C 197/28 )
Reference has been made to the Court of Justice of the                    Reference has been made to the Court of Justice of the
European Communities by an order of the Pretura                           European Communities by an order of the Consiglio di
Circondariale di la Spezia ( Magistrates' Court for the                   Stato ( Council of State ), of 9 January 1996, which was
District of La Spezia ) of 12 April 1996 , which was received             received at the Court Registry on 13 May 1996, for a
at the Court Registry on 13 May 1996, for a preliminary                   preliminary ruling in the case of Regione Piemonte v. Sai
ruling in the criminal proceedings pending before that court              Agricola SpA on the following question:
against Silvano Raso and Others on the following
questions :                                                               Whether, under Council Directive 72/159/EEC ( 1 ) and the
                                                                          subsequent Council Regulation No 797/85 (2 ) and having
1 . Does Article 5 9 of the Treaty preclude Italian legislation           regard to the aim of developing a common agricultural
      which prohibits an undertaking holding a port terminal              policy within a system free of discrimination between
      concession from having recourse to work done by other               farmers, there is room for the national or regional legislator
      undertakings — not set up by former port companies                  to provide for different treatment of individual farmers,
      and groups — comprising the supply of services of the               even if only in relation to the introduction of a special system
      kind provided for users including those belonging to                of identification based on a specific register set up solely for
      other Member States, with the further implication that,             that purpose ?
      as a result of the Italian legislation, the terminal operator
      itself is required to make available the whole range of             (*) OJ No English Special Edition 1972 (II), p. 324 .
      services that might be required by users in the port                ( 2 ) OJ No L 93 , 30 . 3 . 1985 , p. 1 .
      terminal, giving rise to the risk of hampering access to
      the market for the provision of individual services by
      undertakings authorized to operate in the port other
      than those referred to by Article 21 ( 1 ) ( b) of Law
      No 84/94 ?
2. Does Article 90 ( 1 ) of the EC Treaty, in conjunction with
      Article 86 , preclude national legislation which (by                Reference for a preliminary ruling by the Royal Court of
      reason of its effects on the market, namely, first, the fact        Jersey, by order of that court of 1 1 April 1996, in the case of
      that it prevents undertakings other than the terminal —             Rui Alberto Pereira Roque against His Excellency the
      not set up by former port companies and groups — from                                Lieutenant Governor of Jersey
      providing services within the confines of the port for                                         (Case C-171/96)
      would-be users; secondly, the fact that the terminal                                             ( 96/C 197/29 )
      operator is obliged to provide all port operations and
      services required at the terminal; and, thirdly, the fact
      that it is impossible for users to entrust certain services         Reference has been made to the Court of Justice of the
      to undertakings of their oWn choice other than the                  European Communities by an order of the Royal Court of