CELEX: C1997/295/46
Language: en
Date: 1997-09-27 00:00:00
Title: Removal from the register of C-58/96

27 . 9 . 97                EN                   Official Journal of the European Communities                                    C 295/25
               and if the latter, what amount or degree                    Reference for a preliminary ruling by the Tribunale di
               of contribution amounts to a 'significant                   Genova by order of 29 July 1997 in the case of Industrie
               contribution' for these purposes; or                        Aeronautiche e Meccaniche Rinaldo Piaggio v.
                                                                           ( 1 ) International Factors Italia SpA — Uhi 1ALIA;
       ( ii ) only where the discharge of nitrogen compounds               (2 ) Dornier Luftfahrt GmbH (Wessling — Germany); and
               from agricultural sources itself accounts for a                                 (3 ) Ministero della Difesa
               concentration of nitrates in those waters in excess                                   ( Case C-295/97)
               of 50 mg/1 ( i.e. leaving out of account any
               contribution from other sources); or                                                      97/C 295/44 )
       ( iii ) on some other basis and, if so, what basis ?                Reference has been made to the Court of Justice of the
                                                                           European Communities by order of 29 July 1997 from the
2. If Question 1 is answered otherwise than in sense ( ii )                Tribunale di Genova ( District Court, Genoa), Sixth Civil
       above, is the Nitrates Directive invalid (to the extent             Chamber, which was received at the Court Registry on
       of its application to surface freshwaters ) on the                  11 August 1997, for a preliminary ruling in the case of
       grounds that it infringes:                                          Industrie Aeronautiche e Meccaniche Rinaldo Piaggio v.
                                                                           ( 1 ) International Factors Italia SpA — IFITALIA;
                                                                           (2 ) Dornier Luftfahrt GmbH (Wessling — Germany); and
       (i)     the principle that the polluter should pay; and/or          ( 3 ) Ministero della Difesa on the following questions:
       ( ii ) the principle of proportionality; and/or
                                                                           1 . Can a national court request the Court of Justice of
                                                                                 the European Communities to rule directly on whether
       (iii ) the fundamental property rights of those owning                    a legislative provision of a Member State is compatible
               and/or farming land draining into surface
                                                                                 with the provisions of Article 92 of the Treaty ( State
               freshwaters required to be identified under                       aid)?
               Article 3 ( 1 ), being areas of land which are then
               designated by Member States as vulnerable zones
               under Article 3 ( 2 )?                                      2 . If the answer is in the affirmative: can it be argued
                                                                                 that, by Law No 26 of 3 April 1979 establishing
(•) OJ L 375 , 31 . 12 . 1991 , p. 1 .                                           a special administration procedure for large
( 2 ) Council Directive of 16 June 1975 concerning the quality                   undertakings in a state of crisis, and in particular by
      required of surface water intended for the abstraction of                  the provisions of that Law set out in the grounds of
      drinking water in the Member States ( OJ L 194, 25 . 7. 1995,              the present order, the Italian State has granted to such
      p. 26 ).                                                                   undertakings as are covered by that Law (that is to
                                                                                 say, large undertakings ) aid contrary to Article 92 of
                                                                                 the Treaty ?
Reference for a preliminary ruling from the Finanzgericht
Munster by order of that court of 28 July 1997 in the case
of Eurowings Luftverkehrs AG v. Finanzamt Dortmund­                                   Removal from the register of C-407/95 (*)
                                     Unna
                                                                                                         97/C 295/45 )
                              ( Case C-294/97
                                ( 97/C 295/43 )                             By order of 13 May 1997 the President of the Court of
                                                                           Justice of the European Communities has ordered the
                                                                            removal from the register of Case C-407/95: Kingdom of
Reference has been made to the Court of Justice of the                      Belgium v. Commission of the European Communities,
European Communities by an order of the Finanzgericht                       supported by French Republic and United Kingdom of
 (Finance Court), Munster (Ninth Chamber), of 28 July                       Great Britain and Northern Ireland .
 1997, which was received at the Court Registry on
 11 August 1997, for a preliminary ruling in the case of                    O OJ C 46, 17. 2 . 1996 .
Eurowings Luftverkehrs AG v. Finanzamt (Tax Office),
Dortmund-Unna, on the following question:
 Are the 'add-back' provisions in the second sentence of
 paragraph 8 ( 7) and the second sentence of paragraph 12
 (2 ) (2 ) of the Gewerbesteuergesetz ( Business Tax Law)                              Removal from the register of C-58/96 (')
 compatible with the principle of freedom to provide
 services under Article 59 of the Treaty on European Union                                              ( 97/C 295/46 )
 of 7 February 1992 ?
                                                                            By order of 13 May 1997 the President of the Court of
                                                                            Justice of the European Communities has ordered the
 ---pagebreak--- C 295/26                 EN                  Official Journal of the European Communities                                  27 . 9 . 97
removal from the register of Case C-58/96 : Kingdom of                           Removal from the register of C-330/96 (')
Belgium v. Commission of the European Communities,                                                  ( 97/C 295/50 )
supported by French Republic and United Kingdom of
Great Britain and Northern Ireland .
                                                                        By order of 25 June 1997 the President of the Court of
(') OJ C 108 , 13 . 4 . 1996 .                                          Justice of the European Communities has ordered the
                                                                        removal from the register of Case C-330/96 : Commission
                                                                        of the European Communities v. Hellenic Republic .
                                                                        (') OJ C 370, 7. 12 . 1996 .
         Removal from the register of C-2 17/96 (')
                            ( 97/C 295/47)
By order of 13 May 1997 the President of the Court of                            Removal from the register of C-331/96 (')
Justice of the European Communities has ordered the
removal from the register of Case C-2 17/96 : Kingdom of                                            ( 97/C 295/51 )
Belgium v. Commission of the European Communities ,
supported by French Republic and United Kingdom of
Great Britain and Northern Ireland .                                    By order of 25 June 1997 the President of the Court of
                                                                        Justice of the European Communities has ordered the
H OJ C 269, 14 . 9 . 1996 .                                             removal from the register of Case C-331/96 : Commission
                                                                        of the European Communities v. Hellenic Republic.
                                                                        (') OJ C 370, 7. 12 . 1996 .
          Removal from the register of C-3 96/95 (')
                            ( 97/C 295/48 )
                                                                                  Removal from the register of C-281/94 ( 1 )
By order of 19 June 1997 the President of the Court of                                               ( 97/C 295/52 )
Justice of the European Communities has ordered the
removal from the register of Case C-396/95 : Federal
Republic of Germany v. Commission of the European                       By order of 26 June 1997 the President of the Court of
Communities, supported by French Republic and United                    Justice of the European Communities has ordered the
Kingdom of Great Britain and Northern Ireland .                         removal from the register of Case C-281/94: Commission
                                                                        of the European Communities v. Hellenic Republic.
 w OJ C 64, 2 . 3 . 1996 .
                                                                         H OJ C 351 , 10 . 12 . 1994 .
          Removal from the register of C-l 84/95 (')
                             ( 97/C 295/49 )                                       Removal from the register of C-97/97 (')
                                                                                                     ( 97/C 295/53 )
 By order of 24 June 1997 the President of the Court of
Justice of the European Communities has ordered the
 removal from the register of Case C-l 84/95 ( reference for             By order of 1 July 1997 the President of the Court of
 a preliminary ruling from the Juzgado do lo Social No 2,               Justice of the European Communities has ordered the
 Santiago do Compostela ): Mercedes Lores Guillfn v. Insti­              removal from the register of Case C-97/97 ( reference for a
 tute Nacional de Empleo and Instituto Nacional de la                    preliminary ruling from the Retten i Arhus ): Elly Bach v.
 Seguridad Social .                                                      Arhus Amtskommune.
 (') OJ C 189, 22 . 7. 1995 .                                            (') OJ C 131 , 26 . 4 . 1997.