CELEX: C1996/336/40
Language: en
Date: 1996-11-09 00:00:00
Title: Reference for a preliminary ruling by the Pretura Circondariale di Roma, Sezione Distaccata di Tivoli, by order of that court of 9 September 1996 in the case of Daniele Annibaldi against 1. Municipality of Guidonia and 2. the President of the Lazio Region (Case C-309/96)

9. 11 . 96            I EN I               Official Journal of the European Communities                                 No C 336/21
2 . Having regard to the answer to the first question, do the         Reference for a preliminary ruling from the Finanzgericht
     said provisions apply to operations of the kind at issue in      Hamburg by order of that court of 12 August 1996
     the present case, where the owners of a hotel in the south       in the case of Lopex Export GmbH v. Hauptzollamt
     of England, as part of their business as hoteliers, offers                                Hamburg-Jonas
     to customers at a single inclusive charge a week's stay at                               ( Case C-3 15/96 )
     the hotel , transport by coach between the hotel and
                                                                                                 ( 96/C 336/41 )
     points in the north of England, and a local sight-seeing
     trip by coach during their stay at the hotel ( the transport
     elements being bought in by the owners of the hotel from         Reference has been made to the Court of Justice of the
     a coach hire company )?                                          European Communities by an order of the Joint Senate of
                                                                      the Finanzgericht Hamburg ( Hamburg Finance Court) for
                                                                      the     Lander of Hamburg, Niedersachsen and
(>) OJ No L 145 , 13 . 6 . 1977, p . 1 .                              Schleswig-Holstein, Fourth Senate, of 12 August 1996 ,
                                                                      which was received at the Court Registry on 26 September
                                                                       1996 , for a preliminary ruling in the case of Lopex Export
                                                                      GmbH v. Hauptzollamt Hamburg-Jonas on the following
                                                                      questions :
                                                                      1 . Is the first indent of the first paragraph of Article 13 of
                                                                          Regulation ( EEC ) No 171 5/90 ( 1 ) in so far as it
Reference for a preliminary ruling by the Pretura                         prescribes that binding tariff information ceases to be
Circondariale di Roma, Sezione Distaccata di Tivoli, by                   valid immediately as a result of the adoption of a
order of that court of 9 September 1996 in the case of                    regulation amending the customs nomenclature, with
Daniele Annibaldi against 1 . Municipality of Guidonia and                no transitional period, compatible with Community law
             2 . the President of the Lazio Region                        from the points of view of protection of legitimate
                                                                          expectations and legal certainty ?
                         ( Case C-309/96 )
                           ( 96/C 336/40 )                            2 . If not, what are the consequences in particular in a case
                                                                          where binding tariff information, differing from the
                                                                          amended nomenclature, has been issued and/or there is
Reference has been made to the Court of Justice of the                    an export licence with an advance fixing certificate
European Communities by order of the Pretura                              which is still valid for a further six months ?
Circondariale di Roma, Sezione Distaccata di Tivoli ( Rome
District Magistrates ' Court, Tivoli Division ), of 9 September           Is a decision on the limited continuing validity of
1996 , which was received at the Court Registry on                        binding tariff information to be measured against the
23 September 1996 , for a preliminary ruling in the case of               general conditions which have been developed on
Daniele Annibaldi against 1 . Municipality of Guidonia and                protection of legitimate expectations, and in particular
2 . the President of the Lazio Region on the following                    does it presuppose an expectation of the exporter to that
questions:                                                                effect which deserves protection as against the
                                                                          Community interest ? Does that also apply with respect
1 . Is a national law which requires undertakings                         to the third indent of Article 14 ( 4 ) of Regulation ( EEC )
     incorporated within a nature and archaeological park to              No 1715/90, under which the advance fixing certificate
     refrain from any activity whatsoever in the area                     must have been 'issued on the basis of the said binding
     concerned     —     which    amounts   to   a    substantial         tariff information '
     expropriation of the undertakings incorporated within
     the park itself without any provision being made for             (M OJ No L 160 , 26 . 6 . 1990, p . 1 .
     payment of compensation to the individuals whose
     property is expropriated — in breach of the
     fundamental right to property, to carry on business and
     to equal treatment by the national authorities ?
2 . Irrespective of the answer which the Court of Justice
     may consider appropriate in response to the first                Action brought on 26 September 1996 by the Commis­
     question, are the measures provided for by Article 7 of          sion of the European Communities against the Italian
     the regional law in question ( equivalent, for the                                             Republic
     purposes of proceedings under Community law, to any                                     ( Case C-3 16/96 )
     other national legislation ) in breach of the principle of                                 ( 96/C 336/42 )
     equal treatment and the related prohibition of
     discrimination laid down in the second subparagraph of
     Article 40 ( 3 ) of the Treaty of Rome ?                                         (Language of the case: Italian)
                                                                      An action against the Italian Republic was brought before
                                                                      the Court of Justice of the European Communities on