CELEX: C1996/064/19
Language: en
Date: 1996-03-02 00:00:00
Title: Reference for a preliminary ruling from the Tribunal de Grande Instance (First Chamber), Tours, by judgment of that court of 4 January 1996 in the case of Locamion SA v. Directeur des Services Fiscaux d'Indre et Loire (Case C-8/96)

2 . 3 . 96                EN                 Official Journal of the European Communities                                     No C 64/9
      and which has not been published or otherwise made                — must Articles 4 and 7 of Council Directive 69/355/EEC
      available to the parties ?                                            of 17 July 1969 (*) be interpreted as meaning that the
                                                                            Directive applies to the merger/take-over transactions
4 . Having regard to all other circumstances was the fixing                 defined by Articles 371 to 372-2 of Law No 66.537 of
      of the said quotas by the Council compatible with:                    24 July 1966 on commercial companies ?
        ( i ) the common fisheries policy, and in particular
              Council Regulation ( EEC ) No 3760/92 of
                                                                        — Is the charging by the French State of a proportional tax
                                                                            for the drawing-up of registration certificates following
              20 December 1992 establishing a Community
                                                                            a merger/take-over transaction compatible with the
              system for fisheries and aquaculture (2)?                     prohibition laid down by Article 10 of the Directive and,
      ( ii ) The principle of proportionality ?                             if it is not, is it covered by the provisions of
                                                                            Article 12 ?
5 . If the fixing of the said quotas by Regulation ( EC )
      No 3362/94 is invalid are the applicants entitled to claim        (') OJ, English Special Edition 1969 ( II ), p. 412 .
      damages against the respondent and if so what are the
      conditions for liability ?
(') OJ No L 363 , 31 . 12 . 1994, p . 1 .
( 2 ) OJ No L 389 , 31 . 12 . 1992 , p . 1 .
                                                                        Reference for a preliminary ruling by order of the Conseil
                                                                        d'Etat of the Kingdom of Belgium, Administrative Division,
                                                                        in the proceedings pending before that court in the case of
                                                                        Ligue Royale Beige pour la Protection des Oiseaux and
Reference for a preliminary ruling by the Pretura                       Societe d'Etudes Ornithologiques AVES against the
Circondariale di Roma — Sezione Distaccata di Tivoli by                 Walloon Region, intervener: Federation Royale
orders of that court of 22 November 1995 in criminal                                         Ornithologique Beige
proceedings against Sandro Gallotti and Francesco
                                 Palermo                                                          ( Case C-10/96 )
                                                                                                    ( 96/C 64/20 )
                       ( Case C-6/96 and 7/96 )
                             ( 96/C 64/18 )
                                                                        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 judgment of the Conseil d'Etat
European Communities by orders of the Pretura                           ( Council of State ) of the Kingdom of Belgium,
Circondariale di Roma — Sezione Distaccata di Tivoli                    Administrative Division, of 10 November 1995 , which was
( Rome District Magistrate's Court, Tivoli Division ) of                received at the Court Registry on 17 January 1996 , for a
22 November 1995 , which were received at the Court                     preliminary ruling in the proceedings pending before that
Registry on 11 January 1996 , for a preliminary ruling in               court in the case of Ligue Royale Beige pour la Protection
criminal proceedings against Sandro Gallotti and Francesco              des Oiseaux and Societe d'Etudes Ornithologiques AVES
Palermo . The questions referred by the Pretura                         against the Walloon Region, intervener: Federation Royale
Circondariale di Roma — Sezione Distaccata di Tivoli to the             Ornithologique Beige, on the following questions :
Court of Justice for a preliminary ruling are identical with
those in Case C-58/95 ( 1 ).                                            1 . Do Articles 5 , 9 and 18 of Directive 79/409/EEC ( 1 ) of
                                                                            2 April 1979 on the conservation of wild birds allow a
(!) OJ No C 119 , 13 . 5 . 1995 , p. 6 .                                    Member State to take account, on a decreasing basis and
                                                                            over a specified period, of the fact that the prohibition of
                                                                            capturing birds for recreational purposes would compel
                                                                            numerous fanciers to alter their installations and to
                                                                            abandon certain habitats where that State recognizes
Reference for a preliminary ruling from the Tribunal de                     that breeding is possible but is not yet feasible on a large
                                                                            scale for that reason ?
Grande Instance (First Chamber), Tours, by judgment of
that court of 4 January 1996 in the case of Locamion SA v.
            Directeur des Services Fiscaux d'Indre et Loire             2 . Do Articles 5 , 9 and 18 of Directive 79/409/EEC allow
                              Case C-8/96 )                                 Member States, and if so to what extent, to authorize the
                                                                            capture of birds living naturally in the wild state within
                              ( 96/C 64/19 )                                European territory with a view to obviating, in bird
                                                                             breeding for recreational purposes, the problems of
Reference has been made to the Court of Justice of the                      consanguinity which would result from too many
European Communities by order of the First Chamber of the                   endogenous crossings ?
Tribunal de Grande Instance ( Regional Court), Tours, of
4 January 1996, received at the Court Registry on
                                                                        (') OJ No L 103 , p . 1 .
 15 January 1996 , for a preliminary ruling in the case of
Locamion SA v. Directeur des Services Fiscaux d'Indre et
Loire on the following questions :