CELEX: C2003/200/24
Language: en
Date: 2003-08-23 00:00:00
Title: Case C-261/03: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale per l'Emilia-Romagna, Sezione di Parma by order of that Court of 6 May 2003 in the case of Allevamenti Associati S.r.l. and Regione Emilia Romagna against AGEA e Latteria Sociale Moderna S.c.a.r.l.

C 200/14                  EN                       Official Journal of the European Union                                         23.8.2003
Action brought on 17 June 2003 by the Commission of the                    Reference for a preliminary ruling by the Tribunale
 European Communities against the Kingdom of Denmark                       Amministrativo Regionale per l'Emilia-Romagna, Sezione
                                                                           di Parma by order of that Court of 6 May 2003 in the
                                                                           case of Allevamenti Associati S.r.l. and Regione Emilia
                             (Case C-260/03)                               Romagna against AGEA e Latteria Sociale Moderna
                                                                                                         S.c.a.r.l.
                             (2003/C 200/23)
                                                                                                    (Case C-261/03)
                                                                                                    (2003/C 200/24)
An action against the Kingdom of Denmark was brought
before the Court of Justice of the European Communities on
17 June 2003 by the Commission of the European Commu-                      Reference has been made to the Court of Justice of the
nities, represented by H.P. Hartvig, acting as Agent, with an              European Communities by order of the Tribunale Amministra-
address for service in Luxembourg.                                         tivo Regionale per l'Emilia-Romagna, Sezione di Parma
                                                                           (Regional Administrative Court for Emilia-Romagna, Parma
                                                                           district) of 6 May 2003, received at the Court Registry on
The applicant claims that the Court should:                                17 June 2003, for a preliminary ruling in the case of Alleva-
                                                                           menti Associati S.r.l. and Regione Emilia Romagna against
                                                                           AGEA e Latteria Sociale Moderna S.c.a.r.l. on the following
1.     Declare that the Kingdom of Denmark,                                question:
       —     by not adopting detailed rules for use of the fishing         On a proper construction of Regulation EEC No 3950/92 (1) of
             availabilities allocated to Denmark;                          28 December 1992 (in particular Articles 1, 2 and 9(g)
                                                                           thereof) and Regulation EEC No 536/93 (2) of 9 March 1993
       —     by not ensuring compliance with the EC regulations            (in particular Articles 1, 2 and 3 thereof), is the transfer of a
             on the conservation of fishery resources through              quantity of milk by the producer to a third party, while
             monitoring of fishing activity, through appropriate           retaining the right of property in it, in performance of a
             inspections of landings and registration of catches,          contract for the processing of the milk and in order to
             and through administrative action or criminal                 manufacture cheese, butter and whey, for consideration, to be
             proceedings against the persons responsible for over-         classified as ‘delivery’ or ‘direct sale’ for the purposes of
             fishing;                                                      determining milk quotas and whether the additional levy is to
                                                                           be applied?
       —     by not having provisionally prohibited fishing from
             vessels flying the Danish flag or registered in               (1) OJ L 405 of 31.12.1992, p. 1.
             Denmark when the quota applicable to them is                  (2) OJ L 57 of 10.03.1993, p. 12.
             deemed to have been exhausted;
       has failed to fulfil its obligations under both Article 9(2)
       of Council Regulation (EEC) No 3760/92 (1) and
       Articles 2, 21(1) and (2) and 31 of Regulation (EEC)
       No 2847/93 (2);                                                     Reference for a preliminary ruling by the Tribunale
                                                                           Amministrativo Regionale per l'Emilia-Romagna, Sezione
                                                                           di Parma by order of that Court of 6 May 2003 in the
2.     Order the Kingdom of Denmark to pay the costs.                      case of Latteria Sociale Moderna Soc. Coop. a r.l. against
                                                                           AIMA and Servizio Provinciale Agricoltura, Reggio Emilia,
                                                                           Regione Emilia Romagna, and AGEA Agenzia per le
                                                                           Erogazioni in Agricoltura; Intervener: Allevamenti Asso-
                                                                                                      ciati Soc.r.l.
Pleas in law and main arguments                                                                     (Case C-262/03)
These pleas correspond essentially to those put forward in the                                      (2003/C 200/25)
application in Case C-259/03 (3) brought concerning exceeding
of fisheries availabilities and insufficient related control
measures for the years 1990 to 1992 and 1994.                              Reference has been made to the Court of Justice of the
                                                                           European Communities by order of the Tribunale Amministra-
                                                                           tivo Regionale per l'Emilia-Romagna, Sezione di Parma
(1) Council Regulation (EEC) No 3760/92 of 20 December 1992                (Regional Administrative Court for Emilia-Romagna, Parma
    establishing a Community system for fisheries and aquaculture (OJ
    1992 L 389, p. 1).                                                     district) of 6 May 2003, received at the Court Registry on
(2) Council Regulation (EEC) No 2847 of 12 October 1993 establishing       17 June 2003, for a preliminary ruling in the case of Latteria
    a control system applicable to the common fisheries policy (OJ         Sociale Moderna Soc. Coop. a r.l. against AIMA and Servizio
    1993 261, p. 1).                                                       Provinciale Agricoltura, Reggio Emilia, Regione Emilia
(3) See p. 13 of this Official Journal.                                    Romagna, and AGEA Agenzia per le Erogazioni in Agricoltura;
                                                                           Intervener: Allevamenti Associati Soc.r.l. on the following
                                                                           question: