CELEX: C2001/227/22
Language: en
Date: 2001-08-11 00:00:00
Title: Case C-230/01: Reference for a preliminary ruling by the Court of Appeal (England and Wales) (Civil Division), by order of that court of 31 May 2001, in the case of Intervention Board for Agricultural Produce against Penycoed Farming Partnership

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?