CELEX: C1995/174/10
Language: en
Date: 1995-07-08 00:00:00
Title: References for a preliminary ruling from the Pretura Circondariale, Rome (Castelnuovo di Porto Division) by orders of that court of 22 December 1994 in the cases of Città Convenienza Bergamo Srl v. (1) Mayor of the Municipality of Trezzano sul Naviglio and (2) Mayor of the Municipality of Turin (Cases C-145/95 and C-146/95)

No C 174/6              EN                   Official Journal of the European Communities                                           8 . 7 . 95
Circondariale ( District Magistrate 's Court ), Genova , of                   public holidays , but does not prohibit working in such
19 April 1995 , which was received at the Court Registry on                   shops on those days ( and imposes the penalties of forced
2 May 1995 , for a preliminary ruling in the case of Livia                    closure and withdrawal of their licences on shops in
Balestra v. Istituto Nazionale della Previdenza Sociale                       breach of that requirement ), constitute :
( INPS ) on the following questions :
( a ) Is it contrary to the abovementioned EEC Directives                     ( a ) a measure having an effect equivalent to a
      ( Articles 1 , 2, 3 , 4 and 5 of Council Directive                            restriction on imports within the meaning of
      79/7/EEC (') and Articles 1 , 2 and 5 of Council                              Article 30 of the Treaty of Rome and subsequent
      Directive 76/207/EEC ( 2 ) to establish different age                         rules of Community law adopted in pursuance of
      limits for the working lives of men and women for the                         the principles laid down therein; or
      purposes of entitlement to early retirement pursuant to
      Article 16 of Law No 155/81 , termination of the                        ( b ) a means of arbitrary discrimination or a disguised
      employment relationship and calculation of pension                            restriction on trade between Member States; or
      benefits in the event of early retirement ?
( b ) Does the different treatment, with respect to the                       ( c ) a measure which is disproportionate and
      employment relationship and social security benefits ,                        inappropriate to the socio-ethical aim pursued by
      which results from the establishment of different age                         the provision of national law; or
      limits under a legal system , such as the Italian system,
       under which the retirement age — the only age limit of                 ( d ) an infringement of Article 52 of the EC Treaty
       significance for the purposes of early retirement — is 60                    concerning freedom of establishment and of
      years of age for men and women alike, infringe the                            subsequent Community legislation enacted in
       abovementioned provisions of those Directives ?                              implementation of that principle; or
(') OJ No L 6 , 10 . 1 . 1979 , p . 24 .
(-) O J No L 39 , 14 . 2 . 1976 , p . 40 .                                    ( e ) at least an infringement of Article 2 ( 2 ) of Directive
                                                                                    64/233/EEC (') concerning the attainment of
                                                                                    freedom of establishment and freedom to provide
                                                                                    services in respect of activities in wholesale trade;
                                                                                    or
References for a preliminary ruling from the Pretura
Circondariale , Rome ( Castelnuovo di Porto Division ) by
orders of that court of 22 December 1994 in the cases of                      ( f) an infringement of Directives 83/ 189/EEC ( 2 ) and
Citta Convenienza Bergamo Sri v. ( 1 ) Mayor of the                                 88/ 182/EEC ( 3 ) concerning the elimination of
Municipality of Trezzano sul Naviglio and ( 2 ) Mayor of the                        technical barriers to trade between the Member
                      Municipality of Turin                                         States , in view of the fact that the prohibition on
                ( Cases C-145/95 and C-146/95 )
                                                                                    Sunday opening of shops is a general prohibition in
                                                                                    appearance only, but in fact is subject to
                            ( 95/C 174/ 10 )                                        exemptions for a series of products which are,
                                                                                    except in a very few unavoidable instances,
References have been made to the Court of Justice of the                            exclusively of domestic origin ?
European Communities by orders of the Pretura
Circondariale ( District Magistrate 's Court ), Rome
 ( Castelnuovo di Porto Division ) of 22 December 1994 ,                2 . If the answer to the first question, in each of its parts , is
which were received at the Court Registry on 10 May 1995                      in the affirmative, does the national measure fall within
 ( Case C-145/95 ) and 1 1 May 1995 ( Case C-146/95 ), for a                  the derogations from Article 30 provided for in
preliminry ruling in the cases of Citta Convenienza Bergamo                   Article 36 of the Treaty of Rome, or within other
 Sri v. ( 1 ) Mayor of the Municipality of Trezzano sul                       derogations provided for by Community law ?
Naviglio and ( 2 ) Mayor of the Municipality of Turin on the
 following questions :
                                                                        ( l ) OJ No 56 , 4 . 4 . 1964 , p . 863 .
 1 . Does a provision of national law which ( save for certain          ( 2 ) OJ No L 109 , 26 . 4 . 1983 , p . 8 .
      products ) requires retail shops to close on Sundays and          ( ? ) OJ No L 81 , 26 . 3 . 1988 , p . 75 .