CELEX: C2001/108/04
Language: en
Date: 2001-04-07 00:00:00
Title: Case C-481/00: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale per il Lazio by order of that court of 6 July 2000 in the case of Domenico Buttiglione and Others against Azienda di Stato per gli Interventi nel Mercato Agricolo (AIMA) and the Ministry of Agricultural, Food and Forestry Policies

7.4.2001               EN                    Official Journal of the European Communities                                       C 108/3
Reference for a preliminary ruling by the Tribunale                     Reference for a preliminary ruling by the Tribunale
Amministrativo Regionale per il Lazio by order of that                  Amministrativo Regionale per il Lazio by judgments of
court of 6 July 2000 in the case of Domenico Buttiglione                that court of 6 July 2000 in the cases of Aziende Agricole
and Others against Azienda di Stato per gli Interventi nel              Ettore Raffa and Others v Azienda di Stato per gli
Mercato Agricolo (AIMA) and the Ministry of Agricul-                    Interventi nel Mercato Agricolo (AIMA) and the Ministry
               tural, Food and Forestry Policies                        of the Treasury, the Budget and Planning (Case C-482/00);
                                                                        Azienda Agricola Gonal di Gonzato Simone e Stefano
                                                                        (C-497/00), Azienda Agricola Gianluigi Cerati and Maria
                        (Case C-481/00)                                 Ceriali s.s. v AIMA and the Ministry of the Treasury, the
                                                                        Budget and Planning (Case C-498/00), and Musini Nicolò
                                                                        Giovanni Maria v AIMA and the Ministry of the Treasury,
                        (2001/C 108/04)                                           the Budget and Planning (Case C-499/00)
Reference has been made to the Court of Justice of the
European Communities by order of 6 July 2000 of the
                                                                            (Cases C-482/00, C-497/00, C-498/00 and C-499/00)
Tribunale Amministrativo Regionale per il Lazio, received at
the Court Registry on 29 December 2000, for a preliminary
ruling in Case C-481/00 Domenico Buttiglione and Others
against Azienda di Stato per gli Interventi nel Mercato Agricolo
(AIMA) and the Ministry of Agricultural, Food and Forestry                                      (2001/C 108/05)
Policies, on the following questions:
(1) May the provisions contained in Articles 1 and 4 of                 References have been made to the Court of Justice of the
     Council Regulation (EEC) No 3950/92 (1) of 28 December             European Communities by judgments of 6 July 2000 of the
     P92 and Articles 3 and 4 of Commission Regulation                  Tribunale Amministrativo Regionale per il Lazio, received at
     (EEC) No 534/93 (2) of 9 March 1993 be interpreted as              the Court Registry on 29 December 2000, for a preliminary
     meaning that it is possible, in cases of administrative or         ruling in the cases of Aziende Agricole Ettore Raffa and Others
     judicial challenge to the relevant measures, to derogate           v Azienda di Stato per gli Interventi nel Mercato Agricolo
     from the time-limits prescribed for the allocation of              (AIMA) and the Ministry of the Treasury, the Budget and
     quotas and the operation of adjustments and levies?                Planning (Case C-482/00); Azienda Agricola Gonal di Gonzato
                                                                        Simone e Stefano (C-497/00), Azienda Agricola Gianluigi
                                                                        Cerati and Maria Ceriali s.s. v AIMA and the Ministry of the
If not:                                                                 Treasury, the Budget and Planning (Case C-498/00), and
                                                                        Musini Nicolò Giovanni Maria v AIMA and the Ministry of the
                                                                        Treasury, the Budget and Planning (Case C-499/00) on the
(2) Are the provisions contained in Articles 1 and 4 of                 following questions:
     Council Regulation (EEC) No 3950/92 of 28 December
     1992 and Articles 3 and 4 of Commission Regulation
     (EEC) No 534/93 of 9 March 1993 valid, in the light of             (1) May the provisions contained in Articles 1 and 4 of
     Article 33 (ex 39) of the Treaty, in so far as they do not               Council Regulation (EEC) No 3950/92 (1) of 28 December
     provide that derogations may be made from the periods                    1992 and Articles 3 and 4 of Commission Regulation
     prescribed by those provisions for the allocation of                     (EEC) No 534/93 (2) of 9 March 1993 be interpreted as
     individual reference quantities, for adjustments and levies              meaning that it is possible, in cases of administrative or
     in cases of administrative or judicial challenge to those                judicial challenge to the relevant measures, to derogate
     provisions?                                                              from the time-limits prescribed for the allocation of
                                                                              quotas and the operation of adjustments and levies?
(3) May Regulations No 3950/92 and 536/93 be interpreted
     as permitting Member States to determine privileged
     categories of producers who must be compensated in
     priority to others, in particular by placing the ‘disadvan-        If not,
     taged areas’ in a secondary position in relation to
     mountain areas?
                                                                        (2) Are the provisions contained in Articles 1 and 4 of
                                                                              Council Regulation (EEC) No 3950/92 of 28 December
                                                                              1992 and Articles 3 and 4 of Commission Regulation
(1) OJ L 405, 31.12.1992, p. 1.                                               (EEC) No 534/93 of 9 March 1993 valid, in the light of
(2) OJ L 57, 10.3.1993, p. 12.                                                Article 33 (ex 39) of the Treaty, in so far as they do not
                                                                              provide that derogations may be made from the periods
                                                                              prescribed by those provisions for the allocation of
                                                                              individual reference quantities, for adjustments and levies
                                                                              in cases of administrative or judicial challenge to those
                                                                              provisions?