CELEX: C2002/068/10
Language: en
Date: 2002-03-16 00:00:00
Title: Case C-2/02: Reference for a preliminary ruling by the Verwaltungsgericht Mainz by order of 10 December 2001 in the case of Emil Färber GmbH & Co. KG against Landkreis Alzey-Worms

16.3.2002             EN                     Official Journal of the European Communities                                           C 68/5
The Commission concludes that the spirit and purpose of                 Reference for a preliminary ruling by the Tribunale
Directive 92/83 do not allow the Member States to adopt                 Amministrativo Regionale per la Puglia by order of
measures which result in discrimination against similar prod-           10 October 2001 in the case of Anna Fascicolo and Others
ucts imported from other Member States and that, in any                 against Regione Puglia and of Grazia Berardi and Others
event, Article 23(2) of Directive 92/83 cannot under any                 against Azienda Unità Sanitaria Locale BA/4 and Others
circumstances justify an infringement of Article 90 EC.
That provision of the directive, which does not require, but                              (Cases C-10/02 and C-11/02)
allows, a reduced rate to be applied to the product in question,
charges the Member State with the responsibility for examining
whether, on the basis of the particular circumstances of the
market, the difference in taxation gives rise to protection of a                                 (2002/C 68/11)
domestic product and discrimination against imported prod-
ucts, in which case it must refrain from applying the reduced
rate.
A system of taxation can be considered compatible with the              Reference has been made to the Court of Justice of the
first paragraph of Article 90 EC only if it is arranged in such a       European Communities by order of the Tribunale Amministra-
way that it in any event precludes a higher charge being                tivo Regionale per la Puglia (Regional Administrative Court,
imposed on imported products than on domestic products.                 Puglia) of 10 October 2001, received at the Court Registry on
                                                                        15 January 2002, for a preliminary ruling in the case of Anna
                                                                        Fascicolo and Others against Regione Puglia and of Grazia
(1) OJ L 316, 31.10.1992, p. 21.
                                                                        Berardi and Others against Azienda Unità Sanitaria Locale
                                                                        BA/4 and Otheres on the questions
                                                                        1.   whether, under Article 7(2) of Directive 86/457/EEC (1)
                                                                             and Article 36(2) of Directive 93/16/EEC (2), for the
                                                                             purpose of the exercise of general medical practice a right
Reference for a preliminary ruling by the Verwaltungs-                       to practise acquired on or before 31 December 1994 is
gericht Mainz by order of 10 December 2001 in the case                       to be regarded as equivalent to the certificate of specific
of Emil Färber GmbH & Co. KG against Landkreis                               training in general medical practice;
                         Alzey-Worms
                                                                        2.   whether, pursuant to the abovementioned Community
                         (Case C-2/02)                                       provisions, with effect from 1 January 1995 the award of
                                                                             a certificate of specific training in general medical practice
                        (2002/C 68/10)                                       allows Member States to grant to doctors who also have
                                                                             a right to practise acquired on or before 31 December
                                                                             1994 more favourable terms in the form of access to a
                                                                             wider range of reserved posts than that granted to the
Reference has been made to the Court of Justice of the                       holders of either one qualification or the other;
European Communities by order of the Verwaltungsgericht
Mainz (Administrative Court, Mainz) of 10 December 2001,
received at the Court Registry on 7 January 2002, for a                 3.   if the previous question is answered in the affirmative,
preliminary ruling in the case of Emil Färber GmbH & Co. KG
against Landkreis Alzey-Worms on the following question:
                                                                             whether, finally, in view of the rules applicable to acquired
Is paragraph 2(a) of Chapter I of Annex A to Directive                       rights, the abovementioned condition allows the Member
85/73/EEC (1), in the version set out in Directive 96/43/EC (2),             States to grant the abovementioned doctors further
to be interpreted as meaning that the standard fee governed by               special treatment by in all cases granting them additional
that paragraph covering controls and inspections connected                   points for obtaining the certificate of specific training in
with cutting operations is payable only in respect of meat that              general medical practice.
is actually cut at a cutting plant, or is it to be interpreted as
meaning that such fee is payable in respect of all meat entering
the cutting plant, whether it is cut or not?
                                                                        (1) OJ L 267, 19.9.1986, p. 26.
                                                                        (2) OJ L 165, 7.7.1993, p. 1.
(1) OJ L 32, p. 14.
(2) OJ L 162, p. 1.