CELEX: C1996/016/13
Language: en
Date: 1996-01-20 00:00:00
Title: Reference for a preliminary ruling from the Pretura di Pordenone by order of that court of 18 October 1995 in the Case of Tommaso Morellato and Usl No 11, Pordenone (Case C-358/95)

20 . 1 . 96            EN                 Official Journal of the European Communities                                  No C 16/7
Reference for a preliminary ruling from the Pretura di               The applicant claims that the Court should:
Pordenone by order of that court of 18 October 1995 in the
 Case of Tommaso Morellato and Usl No 11 , Pordenone                 1 , declare that, by failing to adopt and bring into force or,
                        ( Case C-358/95 )                                in the alternative, communicate, within the prescribed
                           ( 96/C 16/13                                  period, the laws, regulations or administrative
                                                                         provisions necessary to comply with Council Directive
                                                                         91/371 /EEC ( J ) of 20 June 1991 on the implementation
Reference has been made to the Court of Justice of the                   of the Agreement between the European Economic
European Communities by an order of the Pretura                          Community and the Swiss Confederation concerning
( Magistrates Court), Pordenone, of 18 October 1995 ,                    direct insurance other than life assurance, the Kingdom
which was received at the Court Registry on 21 November                  of Spain has failed to fulfil its obligations under
1995 , for a preliminary ruling in the case of Tommaso                   Articles 5 and 189 of the Treaty establishing the
Morellato v. Usl No 11 , Pordenone :
                                                                         European Communitiy;
— are Articles 30 and 36 of the Treaty establishing the EEC
                                                                     2 , order the defendant to pay the costs .
    to be interpreted as precluding the Italian legislation on
    the working and marketing of cereals, flour, bread and
    pasta ( Law No 480 of 4 July 1967), in so far as such            Pleas in law and main arguments adduced in support:
    legislation prohibits the sale of deep-frozen special
    wholemeal bread having:                                          The mandatory nature of the third paragraph of Article 189
                                                                     and the first paragraph of Article 5 of the EC Treaty requires
    — a moisture content in excess of the percentages                Member States to adopt the appropriate measures in order
         referred to in Article 16 ,                                 to ensure compliance with the obligations stemming from
    — an ash content lower than that prescribed by                   the Directives, observing the time limits laid down therein .
         Article 16 in conjunction with Article 7 ( 3 ),             That period expired on 4 July 1993 without the Kingdom of
                                                                     Spain having brought into force the necessary provisions.
    — an admixture of bran, which is not a permitted
         ingredient,                                                 (') OJ No L 205 , 27. 7. 1991 , p . 48 .
    accordingly, are those legislative provisions to be
    regarded as a quantitative restriction or a measure
    having equivalent effect thereto within the meaning of
    Article 30 ?
— In the event of an affirmative answer to that question, is         Action brought on 23 November 1995 by the Commission
    the Italian State, in circumstances such as those of this        of the European Communities against the Kingdom of
    case, entitled to rely on the derogation provided for in                                        Spain
    Article 36 of the EC Treaty, for the purpose of protecting
    public health ?                                                                          Case C-361/95 )
                                                                                               ( 96/C 16/15 )
— Is the Italian legislation to be disapplied by the Italian
    courts ?
                                                                     An action against the Kingdom of Spain was brought before
                                                                     the Court of Justice of the European Communities on
— Is the free movement on Italian territory of bread                 23 November 1995 by the Commission of the European
    produced in France and described as aforesaid to be              Communities, represented by D. Gouloussis and B. Vila
    permitted ?                                                      Costa, acting as Agents, with an address for service in
                                                                     Luxembourg at the office of C. Gômez de la Cruz, Wagner
                                                                     Centre, Kirchberg Plateau .
                                                                     The applicant claims that the Court should :
Action brought on 23 November 1995 by the Commission
of the European Communities against the Kingdom of
                                Spain
                                                                     1 , declare that, by failing to adopt and bring into force or,
                                                                         in the alternative, communicate, within the prescribed
                        ( Case C-360/95                                  period, the laws, regulations or administrative
                           ( 96/C 16/14 )                                provisions necessary to comply with Council Directive
                                                                         92/49/EEC (*) of 18 June 1992 on the coordination of
An action against the Kingdom of Spain was brought before                laws, regulations and administrative provisions relating
the Court of Justice of the European Communities on                      to direct insurance other than life assurance, the
23 November 1995 by the Commission of the European                       Kingdom of Spain has failed to fulfil its obligations
Communities, represented by D. Gouloussis and B. Vila                    under Articles 5 and 189 of the Treaty establishing the
Costa, acting as Agents, with an address for service in                  European Community;
Luxembourg at the office of C. Gomez de la Cruz, Wagner
Centre, Kirchberg Plateau .                                          2 , order the defendant to pay the costs .