CELEX: C1996/336/25
Language: en
Date: 1996-11-09 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 September 1996 in Joined Cases C-254/94, C-255/94 and C-269/94 (references for preliminary rulings made by the Tribunale Amministrativo Regionale del Lazio): Fattoria Autonoma Tabacchi and Others v. Ministero dell'Agricoltura e delle Foreste and Others (Common market organization - Raw tobacco - Council Regulation (EEC) No 2075/92 - Commission Regulation (EEC) No 3477/92)

No C 336/ 14           EN                 Official Journal of the European Communities                                      9 . 11 . 96
                JUDGMENT OF THE COURT                                        a fall in production as a result of exceptional
                         ( Fifth Chamber )                                   circumstances, without taking full account of the losses
                                                                             actually suffered by individual producers.
                     of 12 September 1996
 in Joined Cases C-254/94, C-255/94 and C-269/94                       3 . The third indent of Article 2, in conjunction with
 ( references for preliminary rulings made by the Tribunale                  Article 21 , of Regulation (EEC) No 3477192 precludes
 Amministrativo Regionale del Lazio ): Fattoria Autonoma                     national rules not allowing a single cultivation
 Tabacchi and Others v. Ministero dell'Agricoltura e delle                   certificate or a single production quota to be given to a
                      Foreste and Others (M                                 producer group founded with the aim ofpromoting and
 (Common market organization — Raw tobacco — Council                        facilitating the cultivation of tobacco by its members,
 Regulation (EEC) No 2075/92 — Commission Regulation                         while at the same time undertaking the first processing
                       (EEC) No 3477/92)                                    of tobacco on its own premises.
                           ( 96/C 336/25 )
                                                                      4 . Article 9 (3) of Council Regulation (EEC) No 2975/92
                 (Language of the case: Italian)                            of 30 June 1992 on the common organization of the
                                                                            market in raw tobacco must be interpreted as meaning
 (Provisional translation; the definitive translation will be               that processing undertakings may be divided into seven
          published in the European Court Reports)                          distinct groups, on condition that the processing quota
                                                                            is determined according to the rules of calculation
                                                                            prescribed for the group to which the sub-category in
In Cases C-254/94, C-255/94 and C-269/94 : references to                    question belongs. Article 9 (1 ) of Regulation (EEC)
the Court pursuant to Article 177 of the EC Treaty by the                   No 3477/92 must be interpreted as meaning that
Tribunale Amministrativo Regionale del Lazio ( Regional                     producers may have different rules for calculating the
Administrative Court, Lazio ) ( Italy ) for preliminary rulings             processing quota applied to them depending on the
in the proceedings pending before that court between                        processing undertaking to which they delivered during
Fattoria        Autonoma         Tabacchi     and     Ministero
                                                                            the reference period.
dell'Agricoltura e delle Foreste, Azienda di Stato per gli
Interventi nel Mercato Agricolo ( AIMA ), Consorzio
                                                                      (■) OJ No C 351 , 10 . 12 . 1994 .
Nazionale Tabacchicoltori ( CNT), Unione Nazionale
                                                                      ( 2 ) OJ No L 215 , 1992 , p . 70 .
Tabacchicoltori (Unata ) and Ditta Mario Pittari, between             ( 3 ) OJ No L 351 , 1992 , p . 11 .
Lino Bason and others and Ministero dell'Agricoltura e delle
Foreste, Azienda di Stato per gli Interventi nel Mercato
Agricolo ( AIMA) and Unione Nazionale Tabacchicoltori
(Unata ), and between Associazione Professionale
Trasformatori Tabacchi Italiani ( APTI ) and others and
Ministero dell'Agricoltura e delle Foreste, Consorzio
Nazionale Tabacchicoltori ( CNT ), Unione Nazionale                                    JUDGMENT OF THE COURT
Tabacchicoltori (Unata ) and Ditta Mario Pittari — on the                                       ( Sixth Chamber )
interpretation of Council Regulation ( EEC ) No 2075/92 of
                                                                                             of 17 September 1996
30 June 1992 on the common organization of the market in
raw tobacco ( 2 ) and on the validity and interpretation of                  in Case C-289/94: Commission of the European
certain provisions of Commission Regulation ( EEC )                                   Communities v. Italian Republic ( J )
No 3477/92 of 1 December 1992 laying down detailed rules             (Failure to fulfil obligations — Duty of prior notification
for the application of the raw tobacco quota system for the                          pursuant to Directive 83/189/EEC)
1993 and 1994 harvests ( 3 ) — the Court ( Fifth Chamber ),                                       ( 96/C 336/26 )
composed of: D. A. O. Edward, President of the Chamber,
J. -P. Puissochet, J. C. Moitinho de Almeida ( Rapporteur ),
C. Gulmann and M. Wathelet, Judges; M. B. Elmer,                                        (Language of the case: Italian)
Advocate-General; H. A. Riihl, Principal Administrator, for
the Registrar, has given a judgment on 12 September 1996 ,           (Provisional translation; the definitive translation will be
the operative part of which is as follows:                                       published in the European Court Reports)
1 . Examination of the questions raised has disclosed no             In Case C-289/94 : Commission of the European
      factor of such a kind as to affect the validity of             Communities v. Italian Republic — application for a
      Articles 3 (3), 9 and 10 of Commission Regulation              declaration that, by issuing four Ministry of Health Decrees,
      (EEC) No 3477/92 of 1 December 1992 laying down                namely Nos 256 and 257 of 1 August 1990 and those of
      detailed rules for the application of the raw tobacco          1 September 1990 and 7 June 1991 , without notifying them
      quota system for the 1993 and 1994 harvests.                   to the Commission at the draft stage, the Italian Republic
                                                                     failed to fulfil its obligations pursuant to Articles 8 and 9 of
2 . Article 9 (3) of Regulation (EEC) No 3477/92 does not            Council Directive 83/ 189/EEC of 28 March 1983 laying
      preclude the establishment, in advance and according to        down a procedure for the provision of information in the
      a system of flat-rate calculation, of reserves varying         field of technical standards and regulations ( 2 ), as amended
      according to the varieties of tobacco, which are intended      by Council Directive 88/ 182/EEC ( 3 ) — the Court ( Sixth
      for distribution among producers who have suffered             Chamber ), composed of: C. N. Kakouris, President of the