CELEX: C1999/246/31
Language: en
Date: 1999-08-28 00:00:00
Title: Case C-234/99: Reference for a preliminary ruling by the Vestre Landsret by order of 16 June 1999 in the case of Niels Nygård v Svineafgiftsfonden

28.8.1999               EN                   Official Journal of the European Communities                                       C 246/15
     Denmark [1988] ECR 4607), preclude a national system                   — part of the revenue generated by the levy is allocated to
     under which criminal charges may be brought against a                       activities which, in view of their nature and immediate
     person who, contrary to certain national rules on the                       objectives, concern primary production of pigs in the
     packaging of beer and soft drinks, has marketed imported                    Member State, and thus also benefit exported pigs,
     canned cola in the metal packaging at issue in this case?                   whereas another part of the revenue generated by the
                                                                                 levy is allocated to activities which, in view of their
                                                                                 nature and immediate objectives, concern only slaugh-
(1) OJ 1994 L 365, p. 10.                                                        tering and further processing in the Member State and
                                                                                 the sale on the domestic and export markets of
                                                                                 nationally processed derivatives of the primary
                                                                                 product, and thus do not benefit exported pigs?
                                                                        II. If Question I is answered in the affirmative: does it make
                                                                            any difference to the answer that the levy scheme was,
                                                                            pursuant to Article 95(3) (Presumably Article 93(3)) of the
                                                                            EC Treaty, notified to and approved by the EU Commission
                                                                            as being lawful State aid?
Reference for a preliminary ruling by the Vestre Landsret
by order of 16 June 1999 in the case of Niels Nygård v
                        Svineafgiftsfonden
                         (Case C-234/99)
                                                                        Reference for a preliminary ruling by the High Court of
                         (1999/C 246/31)                                Justice (England and Wales), Queen’s Bench Division,
                                                                        Divisional Court, by order of that Court of 18 December
Reference has been made to the Court of Justice of the                  1998, in the case of The Queen against Secretary of State
European Communities by order of 16 June 1999 by the                    for the Home Department, Ex parte: Eleanora Ivanova
Vestre Landsret (Western Regional Court), which was received                                         Kondova
at the Court Registry on 21 June 1999, for a preliminary ruling
in the case of Niels Nygard v Svineafgiftsfonden on the                                          (Case C-235/99)
following questions:
                                                                                                 (1999/C 246/32)
I.   Must Articles 9, 12 and 16 of the EC Treaty or Article 95
     of the EC Treaty be construed as meaning that those
     provisions, or that provision, preclude a public body in a         Reference has been made to the Court of Justice of the
     Member State from charging a production levy in respect            European Communities by an order of the High Court of
     of pigs produced in the Member State in question and               Justice (England and Wales), Queen’s Bench Division, Div-
     exported live to another Member State, in the case where:          isional Court, of 18 December 1998, which was received at
                                                                        the Court Registry on 22 June 1999, for a preliminary ruling
                                                                        in the case of The Queen against Secretary of State for the
     — a similar levy is charged for each pig produced in the           Home Department, Ex parte: Eleanora Ivanova Kondova, on
         Member State in question and sold for slaughter on the         the following questions:
         domestic market;
                                                                        1. Does Article 45 of the Association Agreement between the
     — the detailed rules for calculating the levy do not give              EEC and the Republic of Bulgaria (‘the Agreement’: OJ
         rise to discrimination between the two product groups,             1993 L 358, p.1) (1) confer rights of establishment upon a
         since, when the different ‘weight categories’ are being            Bulgarian national who, under national immigration law,
         determined for slaughtered and live pigs, it can be                is treated as having entered the territory of that Member
         assumed that compensation is provided for the average              State illegally?
         difference between ‘carcass weight’ and ‘live weight’,
         but                                                            2. If the answer to the first question is ‘yes’, does Article 45
                                                                            of the Agreement have direct effect within the national
     — the levy in respect of pigs sold for slaughter on the                legal systems of Member States, notwithstanding the
         domestic market becomes payable when they are                      provisions of Article 59 of the Agreement?
         delivered for slaughter, whereas the levy in respect of
         pigs exported live becomes payable at the time of              3. If the answer to the second question is ‘yes’,
         export;
                                                                            i) to what extent may a Member State apply its laws and
                                                                                 regulations regarding entry and stay, work, labour
     — in the first case, the levy is payable by the producer,                   conditions and establishment of natural persons, and
         whereas in the second case it is payable by the exporter,               supply of services, to persons invoking Article 45 of the
         irrespective of whether he is also the producer, and;                   Agreement, without violating the proviso contained in
                                                                                 the penultimate sentence of Article 59(1) of the
     — the levy is not charged in respect of pigs sold live on                   Agreement and, inter alia, the principle of pro-
         the domestic market, and;                                               portionality?