CELEX: C1996/197/29
Language: en
Date: 1996-07-06 00:00:00
Title: Reference for a preliminary ruling by the Royal Court of Jersey, by order of that court of 11 April 1996, in the case of Rui Alberto Pereira Roque against His Excellency the Lieutenant Governor of Jersey (Case C-171/96)

No C 197/ 14             EN                    Official Journal of the European Communities                                       6 . 7. 96
2. If not, what are the consequences of invalidity for the                      terminal operator) gives rise to arrangements in the
      charging of customs duty in early May 1992 on wines                       market whereby users may have contractual
      originating in Serbia which were imported in the period                   relationships only with the terminal operator for the
      from mid-November 1991 to April 1992 and cleared for                      whole range of services which they need when visiting a
      warehousing in a customs warehouse ?                                      port in which the terminal operator or operators hold a
                                                                                dominant position in the market within the meaning of
      Are the quota-related preferential customs duties                         Article 86 of the Treaty ?
      granted in 1992 for wines from the territory of the
      former Yugoslavia other than Serbia applicable in that              3 . Do Articles 59 and 90 of the EC Treaty, in conjunction
      respect ?                                                                 with Article 86, in any event preclude national
                                                                                legislation which only allows an undertaking operating
                                                                                in a port to provide to other undertaking operating in
( ] ) OJ No L 315 , 15 . 11 . 1991 , p . 1 .
                                                                                the port, and in particular terminal operators, services
                                                                                limited to the mere supply of labour ?
Reference for a preliminary ruling by the Pretura
Circondariale di la Spezia by order of that court of 12 April             Reference for a preliminary ruling by the Consiglio di Stato
1996 in the criminal proceedings pending before it against                by order of that court of 9 January 1996 in the case of
                      Silvano Raso and Others                                          Regione Piemonte v. Sai Agricola SpA
                           ( Case C-163/96 )                                                         (Case C-164/96)
                             ( 96/C 197/27 )                                                           ( 96/C 197/28 )
Reference has been made to the Court of Justice of the                    Reference has been made to the Court of Justice of the
European Communities by an order of the Pretura                           European Communities by an order of the Consiglio di
Circondariale di la Spezia ( Magistrates' Court for the                   Stato ( Council of State ), of 9 January 1996, which was
District of La Spezia ) of 12 April 1996 , which was received             received at the Court Registry on 13 May 1996, for a
at the Court Registry on 13 May 1996, for a preliminary                   preliminary ruling in the case of Regione Piemonte v. Sai
ruling in the criminal proceedings pending before that court              Agricola SpA on the following question:
against Silvano Raso and Others on the following
questions :                                                               Whether, under Council Directive 72/159/EEC ( 1 ) and the
                                                                          subsequent Council Regulation No 797/85 (2 ) and having
1 . Does Article 5 9 of the Treaty preclude Italian legislation           regard to the aim of developing a common agricultural
      which prohibits an undertaking holding a port terminal              policy within a system free of discrimination between
      concession from having recourse to work done by other               farmers, there is room for the national or regional legislator
      undertakings — not set up by former port companies                  to provide for different treatment of individual farmers,
      and groups — comprising the supply of services of the               even if only in relation to the introduction of a special system
      kind provided for users including those belonging to                of identification based on a specific register set up solely for
      other Member States, with the further implication that,             that purpose ?
      as a result of the Italian legislation, the terminal operator
      itself is required to make available the whole range of             (*) OJ No English Special Edition 1972 (II), p. 324 .
      services that might be required by users in the port                ( 2 ) OJ No L 93 , 30 . 3 . 1985 , p. 1 .
      terminal, giving rise to the risk of hampering access to
      the market for the provision of individual services by
      undertakings authorized to operate in the port other
      than those referred to by Article 21 ( 1 ) ( b) of Law
      No 84/94 ?
2. Does Article 90 ( 1 ) of the EC Treaty, in conjunction with
      Article 86 , preclude national legislation which (by                Reference for a preliminary ruling by the Royal Court of
      reason of its effects on the market, namely, first, the fact        Jersey, by order of that court of 1 1 April 1996, in the case of
      that it prevents undertakings other than the terminal —             Rui Alberto Pereira Roque against His Excellency the
      not set up by former port companies and groups — from                                Lieutenant Governor of Jersey
      providing services within the confines of the port for                                         (Case C-171/96)
      would-be users; secondly, the fact that the terminal                                             ( 96/C 197/29 )
      operator is obliged to provide all port operations and
      services required at the terminal; and, thirdly, the fact
      that it is impossible for users to entrust certain services         Reference has been made to the Court of Justice of the
      to undertakings of their oWn choice other than the                  European Communities by an order of the Royal Court of
 ---pagebreak--- 6 . 7. 96          LEN                      Official Journal of the European Communities                                     No C 197/ 15
Jersey of 11 April 1996 , which was received at the Court              2 . If there has been a supply of goods or services effected
Registry on 20 May 1996 , for a preliminary ruling in the                   for   consideration,      what    is  the    nature    of the
case of Rui Alberto Pereira Roque against His Excellency the               consideration in relation to such transaction ?
Lieutenant Governor of Jersey, on the following
questions:                                                             P ) OJ No L 145, 13 . 6 . 1977, p. 1 ; EE 09 FI , p . 54 .
1 . On the premise that British citizens are not liable to
     immigration control in, or to be deported from, Jersey,
     does Article 4 of the third Protocol to the Act of
     Accession of the United Kingdom to the European
     Communities ( l ) have the effect that nationals of
     another Member State are equally not liable to be                 Reference for a preliminary ruling by the Sala de lo Social of
     deported from Jersey ?                                            the Tribunal Superior de Justicia de Castilla la Mancha by
                                                                       order of that court of 25 April 1996 in the case of Francisca
2 . If the answer to the first question is 'No', does the said         Sanchez Hidalgo and Others against Asociacion de Servicios
     Article 4 prohibit the competent authorities in Jersey                      Aser and Sociedad Cooperativa Minerva
     from deporting a national of another Member State save                                    ( Case C-1 73/96 )
     where such deportation is justified on grounds of public                                    ( 96/C 197/31 )
     policy, public security or public health ?
                                                                       Reference has been made to the Court of Justice of the
3 . If the answer to the second question is 'Yes', does the            European Communities by an order of the Sala de lo Social
     said Article 4 prohibit the competent authorities of              del Tribunal Superior de Justicia de Castilla la Mancha
     Jersey from deporting a national of another Member                ( Social Chamber of the High Court of Justice, Castilla la
     State from Jersey where the considerations of public              Mancha ), received at the Court Registry on 20 May 1996 ,
     policy applied by those authorities would not in practice         for a preliminary ruling in the case of Francisca Sanchez
     lead to the deportation of that person from the United            Hidalgo and Others against Asociacion de Servicios Aser
     Kingdom ?                                                         and Sociedad Cooperativa Minerva Ayuntamiento, on the
                                                                       following question:
0 ) OJ, English Special Edition, 27. 3 . 1972, p. 164.
                                                                       Must there be regarded as falling within the scope of
                                                                       Directive 77/187/EEC of 14 February 1977 ( ! ) the case of an
                                                                       undertaking which ceases to provide, for a municipality
                                                                       which had awarded it a contract for that purpose, the service
                                                                       of home help for certain persons in need, whereupon a new
                                                                       contract for that service is awarded to a different
Reference for a preliminary ruling by the High Court of                undertaking, without there being any transfer of material
Justice, Queen's Bench Division, by order of that court of             assets and without there being, either in the collective
 13 May 1996, in the case of the Commissioners of Customs              agreement or in the tendering conditions, any provision
   and Excise against the First National Bank of Chicago               pursuant to which the new undertaking must be subrogated
                        Case C- 1 72/96 )
                                                                       to the employment relationship between the workers and
                                                                       the previous undertaking to which the contract had been
                          96/C 197/30                                  awarded ?
 Reference has been made to the Court of Justice of the                (M OJ No L 61 , 5 . 3 . 1977, p . 26 ; EE 05 F2 , p . 122 .
 European Communities by an order of the High Court of
Justice, Queen's Bench Division, of 13 May 1996 , which
 was received at the Court Registry on 20 May 1996 , for a
 preliminary ruling in the case of the Commissioners of
 Customs and Excise against the First National Bank of
 Chicago, on the following questions :
                                                                       Reference for a preliminary ruling from the Tribunal de
                                                                        Première Instance de Bruxelles by judgment of that court of
 On the proper interpretation of Council Directive                      23 April 1996 in the case ofJyri Lehtonen and ASBL Castors
 77/388/EEC of 17 May 1977 on the harmonization of the                  Canada Dry Namur-Braine v. ASBL Fédération royale belge
 laws of the Member States relating to turnover taxes —                                   des sociétés de basket-ball
 common system of value-added tax: uniform basis of                                             (Case C-1 76/96 )
 assessment ^), and in relation to transactions of foreign
 exchange as defined by the British Bankers' Association ( as                                     ( 96/C 197/32 )
 set out in paragraph 1 of the findings of fact):
                                                                        Reference has been made to the Court of Justice of the
 1 . Do such foreign exchange transactions constitute                   European Communities by a judgment of the Tribunal de
      the supply of goods or services effected for                      Première Instance de Bruxelles ( Court of First Instance,
      consideration ?                                                   Brussels ) of 23 April 1996 , which was received at the Court