CELEX: C2004/047/21
Language: en
Date: 2004-02-21 00:00:00
Title: Case C-438/03: Reference for a preliminary ruling by the Ufficio del guidice di pace de Bitonto by order of that Court of 6 October 2003 in the case of Antonio Cannito against Fondiaria-Sai Ass.ni.

21.2.2004              EN                        Official Journal of the European Union                                          C 47/13
     (b) does that apply notwithstanding an opinion as                   4.   Does Community law also require the payment of
           mentioned above on the basis that where the                        damages for non-material loss?
           plaintiff proves or even where the plaintiff substan-
           tiates that in the filling of the post the applicant          5.   As a matter of Community law, is the national court
           preferred to the plaintiff was less well-qualified than            required of its own motion to order the payment of
           the plaintiff the rule of evidence under this directive            punitive damages or damages for non-material loss?
           comes into effect
     (c)   and on the basis that proof to the contrary may only          6.   Is the limitation period of one year for bringing an action
           be regarded as conclusive if it leads to the factual               for damages for breach of Articles 81 and 82 EC under
           finding that the candidate appointed was better                    Italian law too short and therefore in conflict with
           suited or that in actual fact a non-gender-related                 Community law?
           reason was the decisive factor in the appointment of
           a less well-suited candidate?                                 7.   As a matter of Community law, for the purposes of the
                                                                              limitation period for bringing an action for damages,
                                                                              does time begin to run from the day on which the
(1) OJ 1976 L 39, p. 40.                                                      infringement of Articles 81 and 82 EC was committed or
(2) OJ 1997 L 14, p. 6.                                                       the day on which that infringement came to an end?
                                                                         8.   Does Community law require national courts to disapply
                                                                              national rules in conflict with Community law or rather
                                                                              to interpret them so as to comply with Community law?
Reference for a preliminary ruling by the Ufficio del
guidice di pace de Bitonto by order of that Court of
6 October 2003 in the case of Antonio Cannito against
                      Fondiaria-Sai Ass.ni.
                         (Case C-438/03)
                                                                         Reference for a preliminary ruling by the Ufficio del
                                                                         guidice di pace de Bitonto by order of that Court of
                          (2004/C 47/21)                                 6 October 2003 in the case of Antonio Cannito against
                                                                                              Fondiaria-Sai Ass.ni.
Reference has been made to the Court of Justice of the                                           (Case C-439/03)
European Communities by order of the Ufficio del guidice di
pace de Bitonto of 6 October 2003, received at the Court
Registry on 16 October 2003, for a preliminary ruling in the                                      (2004/C 47/22)
case of Antonio Cannito against Fondiaria-Sai Ass.ni. on the
following questions:
1.   Do the facts as found in Judgment No 2199 of the
                                                                         Reference has been made to the Court of Justice of the
     Consiglio di Stato (Council of State) of 23 April 2002 and
                                                                         European Communities by order of the Ufficio del guidice di
     in Judgment No 6139 of the Tribunale Amministrativo
                                                                         pace de Bitonto of 6 October 2003, received at the Court
     Regionale (Regional Administrative Court) Lazio (Rome)
                                                                         Registry on 16 October 2003, for a preliminary ruling in the
     of 5 July 2001, which are deemed to be set out here in
                                                                         case of Antonio Cannito against Fondiaria-Sai Ass.ni. on the
     full, constitute infringements of Community law, in
                                                                         following questions:
     particular of Articles 81 and 82 EC?
2.   Does an infringement of Articles 81 and 82 EC imply an              1.   Do the facts as found in Judgment No 2199 of the
     obligation on the part of the person committing it to                    Consiglio di Stato (Council of State) of 23 April 2002 and
     compensate end users, and all those who demonstrate                      in Judgment No 6139 of the Tribunale Amministrativo
     that they have suffered any injury, for damage suffered?                 Regionale (Regional Administrative Court) Lazio (Rome)
                                                                              of 5 July 2001, which are deemed to be set out here in
3.   In assessing the amount of damages, in addition to the                   full, constitute infringements of Community law, in
     restitution of sums charged in breach of Community                       particular of Articles 81 and 82 EC?
     rules, is the national court required (again as a matter of
     Community law) to award the injured party a sum by way              2.   Does an infringement of Articles 81 and 82 EC imply an
     of punitive damages against those persons responsible                    obligation on the part of the person committing it to
     for the prohibited agreement or abuse of a dominant                      compensate end users, and all those who demonstrate
     position?                                                                that they have suffered any injury, for damage suffered?