CELEX: 62010CO0519
Language: en
Date: 2011-11-18 00:00:00
Title: Order of the Court (Seventh Chamber) of 18 November 2011. # Giovanni Colapietro v Ispettorato Centrale Repressioni Frodi. # Reference for a preliminary ruling: Tribunale di Bari - Italy. # Reference for a preliminary ruling - Articles 92(1), 103(1) and the second subparagraph of 104(3) of the Rules of Procedure - Wine sector - Regulation (EEC) No 822/87 and Regulation (EC) No 343/94 - Answer to the question admitting of no reasonable doubt - Manifest inadmissibility. # Case C-519/10.

Order of the Court (Seventh Chamber) of 18 November 2011 – Colapietro v Ispettorato Centrale Repressioni Frodi
      (Case C-519/10)
      Reference for a preliminary ruling – Articles 92(1), 103(1) and the second subparagraph of 104(3) of the Rules of Procedure – Wine sector – Regulation (EEC) No 822/87 and Regulation (EC) No 343/94 – Answer to the question admitting of no reasonable doubt – Manifest inadmissibility
      1.                     Preliminary rulings – Answer admitting of no reasonable doubt – Application of Article 104(3) of the Rules of Procedure (Rules
            of Procedure of the Court of Justice, Art. 104(3)) (see para. 15)
      2.                     Agriculture – Common organisation of the markets – Wine – Compulsory distillation of table wines – Purpose of Regulation No
            343/94 – Implementation of Regulation No 822/87 (Council Regulation No 822/87, Arts 39(9) to (11) and 83; Commission Regulation
            No 343/94) (see paras 18-19, 22 and operative part.)
      3.                     Member States – Obligations – Obligation to impose penalties for infringements of Union law – Observance of the principle
            of proportionality – Assessment by the national court (Art. 4(3) TEU) (see paras 24-25)
      Re: 
      
         Reference for a preliminary ruling – Tribunale di Bari – Wine sector – Compulsory distillation system – 1993/94 wine year
                  – Scope 
               
               ratione temporis 
               of Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organisation of the market in wine (OJ 1987 L 84, p.
                  1) – Repeal of that regulation by Commission Regulation (EC) No 343/94 of 15 February 1994 opening compulsory distillation
                  as provided for in Article 39 of Council Regulation (EEC) No 822/87 and derogating for the 1993/94 wine year from certain
                  detailed rules for the application thereof (OJ 1994 L 44, p. 9) – Administrative sanction under national law for infringements
                  of Regulation No 882/87 – Applicability in the case of infringement of Regulation No 343/94 – Proportionality of the administrative
                  sanction imposed.
               
            Operative part 
      Commission Regulation (EC) No 343/94 of 15 February 1994 opening compulsory distillation as provided for in Article 39 of
         Council Regulation (EEC) No 822/87 and derogating for the 1993/94 wine year from certain detailed rules for the application
         thereof implements Regulation No 822/87 without either repealing or replacing it.