CELEX: C2001/200/97
Language: en
Date: 2001-07-14 00:00:00
Title: Case C-220/01: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Queen's Bench Division (Commercial Court), by order of that court of 13 November 2000, in the case of Joseph Lennox (trading as R. Lennox & Son) against Industria Lavorazione Carni Ovine

C 200/54               EN                    Official Journal of the European Communities                                         14.7.2001
      which there is no unequivocal correlation has the effect          Justice (England & Wales), Queen’s Bench Division (Commer-
      of increasing the risk of confusion and classification            cial Court) of 13 November 2000, which was received at the
      errors. A Member State may not plead the mere concept             Court Registry on 30 May 2001, for a preliminary ruling in
      of ‘national management’ in order to be authorised to             the case of Joseph Lennox (trading as R. Lennox & Son) against
      derogate from the applicable Community legislation,               Industria Lavorazione Carni Ovine, on the following questions:
      inasmuch as there is no way of telling how the manage-
      ment of waste in Luxembourg relates to ‘specific needs’
      which are not covered by the relevant Community rules.
                                                                        1.    (a)  Where a consignment of sheep is exported from one
(1) OJ L 194 of 25.7.1975, p. 39.                                                  Member State to another Member State and the
(2) OJ L 78 of 26.3.1991.                                                          sheep are for slaughter on arrival, is the requirement
(3) OJ L 5 of 7.1.1994, p. 15.                                                     under Article 9 of Directive 91/68/EEC (1) complied
                                                                                   with where the accompanying health certificate is
                                                                                   not a Model I certificate, as in Annex E thereof, but
                                                                                   is a Model II certificate?
Reference for a preliminary ruling by the Corte di Appello
di Firenze by order of that court of 23 January 2001 in                       (b) If the answer to Question 1(a) is No, so that the
the case of Altair Chimica SpA against ENEL Distribuzione                          consignment must be accompanied only by a Mo-
                                SpA                                                del I certificate, does the responsibility for identifying
                                                                                   the correct certificate prior to export rest on the
                                                                                   exporter or on the recipient of the sheep, or is it for
                         (Case C-207/01)                                           the applicable national law of the contract to
                                                                                   determine which party bears this responsibility?
                         (2001/C 200/96)
Reference has been made to the Court of Justice of the
European Communities by order of the Corte di Appello
                                                                              (c)  Where a consignment of sheep is exported from one
(Court of Appeal), Florence, by order of 23 January 2001,
                                                                                   Member State to another Member State and the
received at the Court Registry on 18 May 2001, for a
                                                                                   sheep are for slaughter on arrival and where the
preliminary ruling in the case of Altair Chimica SpA v ENEL
                                                                                   accompanying health certificate is a Model II certifi-
Distribuzione SpA on the exact interpretation of Articles 81,
                                                                                   cate, is the national law of the State of destination
82 and 85 of the Treaty establishing the European Community,
                                                                                   entitled to make the importation unlawful on the
of Directive 92/12/EEC (1) and Council Recommendation
                                                                                   ground that the certificate is not a Model I certificate?
81/924/EEC of 27 October 1981, in order to ascertain whether
the provisions of national law laid down in Legislative Decrees
No 347/44 and No 896/47, Presidential Decree No 373/94,
Legislative Decree No 98/48 and Law No 9/91 are incompat-
ible with those provisions of Community law.                            2.    (a)  In July 1997, was it compatible with Community
                                                                                   law, in particular Articles 28-30 EC (ex Articles 30-
                                                                                   36) and/or Article 152 EC (ex 129 of the EC Treaty)
(1) Council Directive 92/12/EEC of 25 February 1992 on the general                 and/or Articles 6 and 174 EC (from ex 130r of the
    arrangements for products subject to excise duty and on the                    EC Treaty) and Council Directives 89/662/EEC (2),
    holding, movement and monitoring of such products (OJ 1992
    L 76, of 23 March 1992, p. 1).
                                                                                   90/425/EEC (3) and 91/68/EEC, for a Member State
                                                                                   to require that the health certificates required pursu-
                                                                                   ant to Article 9 of Directive 91/68/EEC include the
                                                                                   following declaration: ‘The animals referred to in
                                                                                   this certificate were born and raised on farms
                                                                                   in which no case of Transmissible Spongiform
                                                                                   Encephalopathy (TSE) has been registered in the last
Reference for a preliminary ruling by the High Court                               6 years.’?
of Justice (England & Wales), Queen’s Bench Division
(Commercial Court), by order of that court of 13 Novem-
ber 2000, in the case of Joseph Lennox (trading as
R. Lennox & Son) against Industria Lavorazione Carni                          (b) If the answer to Question 2(a) is No, where the
                               Ovine                                               exporter has otherwise fulfilled its obligations under
                                                                                   the applicable law of the contract to deliver the
                         (Case C-220/01)                                           sheep to the recipient’s place of business, is a
                                                                                   national court required, in civil proceedings between
                         (2001/C 200/97)                                           the exporter and the recipient concerning their
                                                                                   contractual rights and obligations regarding the
Reference has been made to the Court of Justice of the                             importation of the sheep, to ignore any obligations
European Communities by an order of the High Court of                              under the national law of the Member State of
 ---pagebreak--- 14.7.2001              EN                      Official Journal of the European Communities                                   C 200/55
            destination that the accompanying health certificate                 Removal from the register of Case C-286/00 (1)
            include the said declaration?
                                                                                                 (2001/C 200/100)
(1) Council Directive 91/68/EEC of 28 January 1991 on animal
    health conditions governing intra-Commuity trade in ovine and         By order of 2 May 2001 the President of the Court of Justice
    caprine animals (OJ L 46, 19.2.1991, p. 19).                          of the European Communities has ordered the removal from
(2) Council Directive 89/662/EEC of 11 December 1989 concerning           the register of Case C-286/00: Italian Republic v Commission
    veterinary checks in intra-Community trade with a view to the         of the European Communities.
    completion of the internal market (OJ L 395, 30.12.1989, p. 13).
(3) Council Directive 90/425/EEC of 26 June 1990 concerning
    veterninary and zootechnical checks applicable in intra-Com-          (1) OJ C 302 of 21.10.2000.
    munity trade in certain live animals and products with a view to
    the completion of the internal market (OJ L 224; 18.8.1990,
    p. 29).
                                                                                 Removal from the register of Case C-367/00 (1)
       Removal from the register of Case C-158/95 (1)
                                                                                                 (2001/C 200/101)
                         (2001/C 200/98)
                                                                          By order of 2 May 2001 the President of the Court of Justice
By order of 23 April 2001 the President of the Court of Justice           of the European Communities has ordered the removal from
of the European Communities has ordered the removal from                  the register of Case C-367/00: Commission of the European
the register of Case C-158/95: Federal Republic of Germany v              Communities v French Republic.
Commission of the European Communities.
                                                                          (1) OJ C 355 of 9.12.2000.
(1) OJ C 208 of 12.8.1995.
                                                                                 Removal from the register of Case C-428/00 (1)
       Removal from the register of Case         C-102/01 (1)
                                                                                                 (2001/C 200/102)
                         (2001/C 200/99)
By order of 27 April 2001 the President of the Court of Justice           By order of 4 May 2001 the President of the Court of Justice
of the European Communities has ordered the removal from                  of the European Communities has ordered the removal from
the register of Case C-102/01: Italian Republic v Commission              the register of Case C-428/00: (reference for a preliminary
of the European Communities.                                              ruling from Landessozialgericht Nordrhein-Westfalen): Merz +
                                                                          Co. GmbH & Co. v AOK-Bundesverband and Others.
(1) OJ C 118 of 21.4.2001.                                                (1) OJ C 79 of 10.3.2001.