CELEX: C1996/210/16
Language: en
Date: 1996-07-20 00:00:00
Title: Reference for a preliminary ruling from the Bundesverwaltungsgericht by order of that court of 21 March 1996, in the case of Georg Wilkens v. Landwirtschaftskammer Hannover (Case C-181/96)

No C 210/8               EN                   Official Journal of the European Communities                                 20 . 7 . 96
      instead of Article 100c of the EC Treaty, has resulted in a        Action brought on 29 May 1996 by the Federal Republic of
      breach of the essential procedural requirements laid               Germany against the Commission of the European
      down by that provision . Thus :                                                                Communities
                                                                                                   Case C-182/96 )
      — the Act was adopted without the submission of a
           proposal by the Commission ( it was adopted on the                                          96/C 210/ 17 )
           initiative of the French Republic ),
                                                                         An action against the Commission of the European
      — the Act was adopted without the European                         Communities was brought before the Court of Justice of the
           Parliament being consulted ; the European                     European Communities on 29 May 1996 by the Federal
           Parliament     was     not    even   informed   of   the      Republic of Germany, represented by Ernst Roder,
           initiative ,                                                  Ministerialrat in the Federal Ministry of Economic Affairs
                                                                         and Sabine Maass, probationary Regierungsràtin in the
      — since the Council chose to act within the framework              same Ministry.
           of Article K. 3 of the Treaty on European Union, its
           decision should have been unanimous, whereas, on
                                                                         The applicant claims that the Court should :
           the basis of Article 100c of the EC Treaty, the Act
           could ( from 1 January 1996 ) have been adopted by a          — annul Decision (K 96 ) 841 final of the Commission of
           qualified majority, pursuant to Article 100c ( 3 ) of               13 March 1 996 concerning fiscal aid in the field of
           the EC Treaty,                                                      depreciation favouring German undertakings,
      — by adopting the Act of 4 March 1996 in the
                                                                         — order the defendant to pay the costs .
           form of 'joint action', the Council created a
           misunderstanding as to the precise legal nature of the
           instrument .                                                  Pleas in law and main arguments
( ] ) 96/ 197/JHA, OJ No L 63 , 13 . 3 . 1996 , p . 8 .
                                                                         The pleas in law and main arguments are the same as those
( 2 ) OJ No L 164, 14 . 7 . 1995 , p . 1 .                               in Case C-46/96(M .
                                                                         (') OJ No C 108 , 13 . 4 . 1996 , p . 4 .
Reference for a preliminary ruling from the
Bundesverwaltungsgericht by order of that court of
21 March 1996, in the case of Georg Wilkens v.                           Reference for a preliminary ruling from the Tribunale di
                 Landwirtschaftskammer Hannover                          Genova — Sezione prima civile — by an order of 9 May
                           ( Case C-181 /96 )                            1996 in the case of Icat Food SRL and Ministero delle
                                                                                                 Finanze dello Stato
                             ( 96/C 210/16 )
                                                                                                  ( Case C-183 /96 )
Reference has been made to the Court of Justice of the                                               ( 96/C 210/ 18 )
European Communities by order of the Third Chamber of
the Bundesverwaltungsgericht ( Federal Administrative                    Reference has been made to the Court of Justice of the
Court ) of 21 March 1996 , which was received at the Court               European Communities by an order of the Tribunale di
Registry on 29 May 1996 , for a preliminary ruling in                    Genova — Sezione prima civile ( District Court, Genoa , First
the case of Georg Wilkens v. Landwirtschaftskammer                       Civil Section ) of 9 May 1996 which was received at the
( Chamber of Agriculture ) Hannover on the following                     Court Registry on 30 May 1996 . The grounds of the order
questions :                                                              and the questions referred for a preliminary ruling are the
                                                                         same as in Case C-47/95 , inter alia (') .
 1 . Does the second subparagraph of Article 3 ( a ) ( 1 ) of
       Regulation ( EEC ) No 857/84, as amended by                       f 1 ) OJ No C 119 , 13 . 5 . 1995 , p . 5 .
       Regulation ( EEC ) No 1639/91 ( 1 ), preclude granting a
       provisional special reference quantity to producers who
       have been asked to repay a non-marketing or conversion
       premium on account of a breach of the undertaking
       given by them ?
                                                                         Action brought on 31 May 1996 by the Commission of the
2 . If so, is that rule compatible with the Community law                      European Communities against the French Republic
       principles of the protection of legitimate expectations
       and proportionality ?                                                                      ( Case C-l 84/96 )
                                                                                                      ( 96/C 210/ 19 )
 (!) OJ No L 150 , 15 . 6 . 1991 , p . 35 .
                                                                         An action against the French Republic was brought before
                                                                         the Court of Justice on 31 May 1 996 by the Commission of