CELEX: C2004/094/21
Language: en
Date: 2004-04-17 00:00:00
Title: Order of the Court (Fourth Chamber) of 27 January 2004 in Case C-428/01 (reference for a preliminary ruling from the Tribunale di Catania): Fratelli Costanzo SpA v Elettrica SpA

17.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 94/11
            
         
      ORDER OF THE COURT
   
   (Fourth Chamber)
   of 27 January 2004
   in Case C-428/01 (reference for a preliminary ruling from the Tribunale di Catania): Fratelli Costanzo SpA v Elettrica SpA (1)
   
   (Article 104(3) of the Rules of Procedure - Questions identical to questions on which the Court has already ruled)
   (2004/C 94/21)
   Language of the case: Italian
   In Case C-428/01: reference to the Court under Article 234 EC from the Tribunale di Catania (Italy) for a preliminary ruling in the proceedings pending before that court between Fratelli Costanzo SpA and Elettrica SpA — on the interpretation of Article 87 EC and 88 EC — the Court (Fourth Chamber), composed of: J. N. Cunha Rodrigues, President of the Chamber, J.-P. Puissochet and K. Lenaerts (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, has made an order on 27 January 2004, the operative part of which is as follows:
   
               1.
            
            
               Transitional rules, such as those laid down in Article 106 of Legislative Decree No 270/99 of 8 July 1999, introducing new rules for the extraordinary management of large-scale undertakings in a state of insolvency and maintaining the effect of a new State aid scheme which had not been notified to the Commission of the European Communities and had been declared incompatible with Community law, constitute themselves a new State aid scheme for the purposes of Article 87 EC and 88 EC.
            
         
               2.
            
            
               Questions in which the Court is asked to examine the compatibility with the common market of transitional rules such as those provided for by Article 106 of Legislative Decree No 270/99 are inadmissible.
            
         
      (1)  OJ C 3 of 5.1.2002.