CELEX: C2001/227/23
Language: en
Date: 2001-08-11 00:00:00
Title: Case C-231/01: Reference for a preliminary ruling by the Brescia Regional Court — Third Civil Chamber — by order of that court of 8 May 2001 in case of El.Da. s.r.l. against Ministero delle Finanze

11.8.2001               EN                       Official Journal of the European Communities                                        C 227/13
Reference for a preliminary ruling by the Cour d’Appel                      preliminary ruling in the case of Intervention Board for
de Pau (First Criminal Chamber) by judgment of that                         Agricultural Produce against Penycoed Farming Partnership,
court of 15 May 2001, in the criminal proceedings against                   on the following questions:
Jacques Bourrasse — Party claiming civil damages: Union
Régionale Syndicale des Petits et Moyens Transporteurs                      1.    Do Articles 1 and/or 2 of Council Regulation 3950/92 (1)
du Sud Ouest (UNOSTRA Aquitaine); Intervener: Inspec-                             permit the competent body in a Member State to take
                  tion du Travail des Transports                                  legal action directly against a producer to recover levy
                                                                                  due from that producer (otherwise than pursuant to
                                                                                  Article 2 (3) in respect of direct sales)?
                          (Case C-228/01)
                                                                            2.    If so, in what circumstances may such action be taken?
                          (2001/C 227/21)
                                                                            3.    In particular, may such action be taken where the
                                                                                  purchaser to whom milk was delivered was (a) not
Reference has been made to the Court of Justice of the                            approved pursuant to Article 7 of Commission Regu-
European Communities by judgment of the Cour d’Appel de                           lation 536/93 (2) and/or (b) has not complied with any of
Pau (First Criminal Chamber) of 15 May 2001, received at the                      its obligations under Article 7 of that Regulation
Court Registry on 11 June 2001, for a preliminary ruling in                       and/or (c) has not recovered or sought to recover levy
the criminal proceedings against Jacques Bourrasse — Party                        from the producers concerned?
claiming civil damages: Union Régionale Syndicale des Petits
et Moyens Transporteurs du Sud Ouest (UNOSTRA Aquitaine);
Intervener: Inspection du Travail des Transports, on the                    (1) Council Regulation (EEC) No 3950/92, of 28 December 1992,
following questions:                                                            establishing an additional levy in the milk and milk products
                                                                                sector (OJ L 405, 31.12.1992, p. 1).
1.    Can ‘the hiring of a vehicle without a driver’ as envisaged           (2) Commission Regulation (EEC) No 536/93 of 9 March 1993 laying
      by Article 2 of Council Directive 84/647/EEC (1) be                       down detailed rules on the application of the additional levy on
      interpreted as permitting the lessor, a road haulage                      milk and milk products (OJ L 57, 10.03.1993, p. 12).
      company governed by French law:
      —     to obtain the carriage authorisations necessary
            within French territory on behalf of the lessee, a
            road haulage company governed by Portuguese law
      —     to manage on behalf of the lessee, a road haulage
            company governed by Portuguese law, the tacho-
            graph discs of the drivers employed by that com-
            pany?                                                           Reference for a preliminary ruling by the Brescia Regional
                                                                            Court — Third Civil Chamber — by order of that court
2.    Did the hired vehicles have to be registered in Portugal?             of 8 May 2001 in case of El.Da. s.r.l. against Ministero
                                                                                                       delle Finanze
(1) Council Directive 84/647/EEC of 19 december 1984 on the use
    of vehicles hired without drivers for the carriage of goods by road                              (Case C-231/01)
    (OJ L 335 of 22.12.1984 p. 72).
                                                                                                     (2001/C 227/23)
                                                                            Reference has been made to the Court of Justice of the
                                                                            European Communities by order of the Brescia Regional Court
                                                                            — Third Civil Chamber — of 8 May 2001 received at the
                                                                            Court Registry on 12 June 2001, for a preliminary ruling in
                                                                            the case of El.Da. s.r.l. against Ministero delle Finanze on the
Reference for a preliminary ruling by the Court of Appeal                   following question:
(England and Wales) (Civil Division), by order of that
court of 31 May 2001, in the case of Intervention                           (1) Is Article 11(1) of Italian Law No 448 of 23 December
Board for Agricultural Produce against Penycoed Farming                           1998 (G.U.R.I. No 302 of 29 December 1998, ordinary
                            Partnership                                           supplement) compatible with Community law, in particu-
                                                                                  lar with Articles 10 and 12 of Council Directive
                          (Case C-230/01)                                         69/335/EEC (1) of 17 July 1969 concerning indirect taxes
                                                                                  on the raising of capital, inasmuch as it provides that the
                                                                                  administrative charge is payable at a flat annual rate for
                          (2001/C 227/22)                                         registration of other company documents for each of the
                                                                                  years from 1985 to 1992, equal to the sum of the
Reference has been made to the Court of Justice of the                            sum of ITL 750 000 for public limited companies and
European Communities by an order of the Court of Appeal                           partnerships limited by shares and ITL 400 000 for
(England and Wales) (Civil Division) of 31 May 2001, which                        private limited companies and ITL 90 000 for other
was received at the Court Registry on 12 June 2001, for a                         companies?
 ---pagebreak--- C 227/14                EN                       Official Journal of the European Communities                                    11.8.2001
(2) Is Article 11(3) of Law No 448/98 compatible with                       tungssenat Salzburg of 18 June 2001, received at the Court
     Community law, inasmuch as it provides that interest on                Registry on 20 June 2001, for a preliminary ruling in the
     the sums to be reimbursed in so far as they exceed the                 appeal concerning Ewald Feichtinger, the Salzburg District
     sum provided for by Article 11(1) should be calculated                 Commission and the land transfer agent of the Land of
     according to the legal rate in force at the date on which              Salzburg (Case C-237/01), and Dr Dieter Cerha, the Mayor of
     that Law entered into force (2,5 % per annum) and not                  Salzburg and the land transfer agent of the Land of Salzburg
     according to the rate provided for by Article 5 with                   (Case C-238/01) on the following question:
     respect to Article 1 of Law No 29 of 26 January 1961, as
     subsequently amended?
                                                                            Are the provisions of Article 56 et seq. of the EC Treaty to be
                                                                            interpreted as precluding the application of Paragraphs 12, 36
(1) Official Journal, English Special Edition 1969 (II), p. 412.            and 43 of the Salzburger Grundverkehrsgesetz (Salzburg Land
                                                                            Transfer Law) of 1997 in the version published in LGBl.
                                                                            No 11/1999, whereby any person who wishes to acquire a
                                                                            building plot in the federal Land of Salzburg must comply
                                                                            with a notification or authorisation procedure in respect of the
                                                                            acquisition of that plot, with the consequence that one of the
Reference for a preliminary ruling by the Politierechtbank                  fundamental freedoms of the acquirer of title as guaranteed by
Te Mechelen (Local Criminal Court, Mechelen) by order                       the laws of the European Union has been infringed in this
of that court of 11 June 2001 in the case of Openbaar                       case?
                Ministerie against Hans Van Lent
                           (Case C-232/01)
                           (2001/C 227/24)
Reference has been made to the Court of Justice of the
European Communities by order of the Politierechtbank Te
Mechelen (Local Criminal Court, Mechelen) of 11 June 2001                   Action brought on 25 June 2001 by the Commission
received at the Court Registry an 18 June 2001, for a                       of the European Communities against the Kingdom of
preliminary ruling in the case of Openbaar Ministerie against                                           Sweden
Hans Van Lent on the following question:
                                                                                                    (Case C-247/01)
Do Community rules, in particular Article 39 EC (ex Article 48
of the EC Treaty) and Article 10 EC (ex Article 5 of the EC
Treaty), preclude a Member State from requiring registration                                        (2001/C 227/26)
of a vehicle belonging (1) to a leasing company established in
a neighbouring Member State, which is leased by an employer
and used by an employee (2) who is resident in the first-                   An action against the Kingdom of Sweden was brought before
mentioned Member State, at a distance of some 200 km from                   the Court of Justice of the European Communities on 25 June
his place of employment, in a situation where the employee in               2001 by the Commission of the European Communities,
question resides in the first-mentioned Member State (3) during             represented by Lena Ström, acting as Agent, with an address
the week and uses the vehicle in order to perform his contract              for service in Luxembourg.
of employment and also during his free time, including
weekends and holiday periods?                                               The Commission claims that the Court should:
                                                                            1.    declare that the Kingdom of Sweden has failed to fulfil its
                                                                                  obligations both under the first sentence of Article 4(4)
                                                                                  of Council Directive 79/409/EEC (1) of 2 April 1979 on
                                                                                  the conservation of wild birds, most recently amended by
                                                                                  Directive 97/49/EC (2), which was replaced by Article 6(3)
Reference for a preliminary ruling by the Unabhängiger                            and (4) of Council Directive (3) 92/43/EEC of 21 May
Verwaltungssenat Salzburg by order of that court of 18                            1992 on the conservation of natural habitats and of wild
June 2001 in the appeal concerning Ewald Feichtinger,                             fauna and flora, and under Articles 6(3) and 9(2) of
Dr Dieter Cerha, the Salzburg District Commission, the                            Directive 79/409/EEC,
Mayor of Salzburg and the land transfer agent of the Land
                              of Salzburg                                   2.    order the Kingdom of Sweden to bear the costs.
                 (Cases C-237/01 and C-238/01)
                                                                            Pleas in law and main arguments
                           (2001/C 227/25)
Reference has been made to the Court of Justice of the                      In accordance with the Treaty of Accession Sweden undertook
European Communities by order of the Unabhängiger Verwal-                   to fulfil the requirements of Council Directive 79/409/EEC of