CELEX: C1996/354/42
Language: en
Date: 1996-11-23 00:00:00
Title: Reference for a preliminary ruling by the Pretura di Roma by order of that court of 2 October 1996 in the case of 1. CO.NA.TA. - Consorzio Nazionale Tabacchi Soc. Coop a r.l. and 2. Agrindustria Srl against AIMA - Azienda di Stato per gli Interventi sul Mercato Agricolo (Cases C-332/96 and C-333/96)

No C 354/22              EN                   Official Journal of the European Communities                                      23 . 11 . 96
 — Infringement of Article 30 of the EC Treaty: the                       Security Tribunal, Bouches du Rhone] of 1 March 1996 ,
       infringement of Article 10 ( 6 ) of Directive 93/37/EEC            received at the Court Registry on 15 October 1996, for a
       amounts at the same time to an infringement of                     preliminary ruling in the case ofJ. Farias v. Caisse Regionale
       Article 30 of the EC Treaty. The same is true of the               d'Assurance Maladie du Sud-Est [South-East Regional
       preference for Lower Austrian materials and/or                     Health Insurance Fund] on the following question:
       undertakings contained in point 2.10 of the AAVB
       where the tenders involved are of equal value to other             Can a Portuguese national residing in Portugal who reached
       tenders .                                                          the age of 60 on 17 May 1992, and did not receive , in
                                                                          addition to his invalidity pension, supplementary allowance
— Infringement of Directive 88/665/EEC ( directive on                     from the Fonds National de Solidarite [National Solidarity
       review procedures ): contrary to Articles 1 and 2 ( 1 ) ( h )      Fund] solely because he was resident outside France, claim
       of the Directive, point 2.5 of the AAVB excludes ab initio         under Article 2 of Regulation ( EEC ) No 1247/92 ( ] ) that his
       and unconditionally all claims which might arise on the            entitlement was acquired before 1 June 1992 , the date of
       part of contractors in connection with an award                    entry into force of that regulation ?
       procedure .
                                                                          ( 1 ) OJ No L 136 , 19 . 5 . 1992 , p . 1 .
 ( ] ) OJ No L 199 , 9 . 8 . 1993 , p. 54.
 ( 2 ) OJ No L 395 , 30 . 12 . 1989 , p . 33 .
                                                                          Reference for a preliminary ruling from the Pretura
Reference for a preliminary ruling by the Pretura di Roma by              Circondariale di Bolzano, Sezione Distaccata di Vipiteno,
order of that court of 2 October 1996 in the case of 1 .                 by order of that court of 17 August 1996 in the case of
CO.NA.TA. — Consorzio Nazionale Tabacchi Soc. Coop a                     Dilexport S.r.l. v. Amministrazione delle Finanze dello
r.l. and 2 . Agrindustria Sri against AIMA — Azienda di                                                    Stato
           Stato per gli Interventi sul Mercato Agricolo                                             Case C-343/96
                 ( Cases C-332/96 and C-333/96 )                                                      ( 96/C 354/44
                               ( 96/C 354/42 )
                                                                         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 orders of the Pretura di Roma                    Circondariale di Bolzano, Sezione Distaccata di Vipiteno
[Magistrates Court, Rome] of 2 October 1996 , received at                 [District Magistrate 's Court, Bolzano, Vipiteno Division] of
the Court Registry on 8 October 1996 , for a preliminary                  17 August 1996 , which was received at the Court Registry
ruling in the case of 1 . CO.NA.TA. — Consorzio Nazionale                on 30 September 1 996 , for a preliminary ruling in the case of
Tabacchi Soc . Coop a r.l . and 2 . Agrindustria Sri against             Dilexport Sri . v. Amministrazione delle Finanze dello Stato
AIMA — Aziende di Stato per gli Interventi sul Mercato                   on the following questions :
Agricolo [State Intervention Agency] on the question of the
validity of Article 5 of Regulation ( EEC ) No 3477/93 ( ! ) of           1 . Must Community law be interpreted as precluding the
17 December 1993 in connection with the principle of the                        adoption by a Member State of a provision such as
non-retroactivity of Community legislation since it cannot                      Article 29 of Italian Law No 428 of 29 December 1990
be justified either by the previous regulations or by an                        which makes the repayment of charges levied in breach
overriding public interest that warrants the sacrifice of                       of Community law subject to time-limits for
rights acquired on the basis of previous legislation, and                       prescription or lapse and to conditions as to proof which
entails an unforeseeable modification to the detriment of                       are different from and more restrictive than those laid
subjective rights, thereby undermining the legitimate                           down in the general rules of civil law ? In particular, with
expectations of the addressees of' the measure in                               regard to the principle that the procedural conditions for
question .                                                                      exercising the right to reimbursement established by
                                                                                national law 'may not be less favourable than those
(!) OJ No L 317, 18 . 12 . 1993 , p . 30 .                                      relating to similar actions of a domestic nature', what is
                                                                                to be understood by the expression ' similar actions of a
                                                                                domestic nature '?
Reference for a preliminary ruling by the Tribunal des                   2 . Do the fundamental principles of the Community order
Affaires de Sécurité Sociale des Bouches du Rhône by                            preclude the introduction by a Member State — in a
judgment of that Tribunal of 1 March 1996 in the case of J.                     limited manner and with reference only to a specific
Farias against Caisse Régionale d'Assurance Maladie du                          sphere consisting of a homogenous category of fiscal
                                   Sud-Est                                      levies made up in particular of charges linked to the
                                                                                Community order — of special derogating provisions to
                            ( Case C-339/96 )                                   restrict and limit the right to recovery of sums unduly
                              ( 96/C 354/43 )                                   paid, thus derogating from the general conditions for
                                                                                recovery of sums unduly paid laid down in Article 2033
Reference has been made to the Court of Justice of the                          of the Civil Code ? In particular, may the principle of
European Communities by judgment of the Tribunal des                            non-discrimination be understood in a restrictive sense,
Affaires de Securite Sociale des Bouches du Rhone [Social                       and may it thus be considered that a provision of a