CELEX: C2002/068/12
Language: en
Date: 2002-03-16 00:00:00
Title: Case C-13/02: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale per la Lombardia, Sezione Staccata di Brescia by order of 13 November 2001 in the case of Casearia Bresciana Ca.bre.S.C.R.L. and Others against Azienda di Stato per gli Interventi nel Mercato Agricolo (State Agricultural Market Intervention Body, A.I.M.A.)

C 68/6                EN                   Official Journal of the European Communities                                     16.3.2002
Reference for a preliminary ruling by the Tribunale                   d’État (Council of State), Belgium, of 8 January 2002, received
Amministrativo Regionale per la Lombardia, Sezione                    at the Court Registry on 22 January 2002, for a preliminary
Staccata di Brescia by order of 13 November 2001 in the               ruling in the case of ATRAL SA against the Belgian State, on
case of Casearia Bresciana Ca.bre.S.C.R.L. and Others                 the following questions:
against Azienda di Stato per gli Interventi nel Mercato
Agricolo (State Agricultural Market Intervention Body,
                             A.I.M.A.)
                                                                      A.    Should Council Directive 73/23/EEC (1) of 19 February
                         (Case C-13/02)                                     1973 on the harmonisation of the laws of Member States
                                                                            relating to electrical equipment designed for use within
                         (2002/C 68/12)                                     certain voltage limits, Council Directive 89/336/EEC (2)
                                                                            of 3 May 1989 on the approximation of the laws of the
                                                                            Member States relating to electromagnetic compatibility
                                                                            and Directive 1999/5/EC (3) of 9 March 1999 of the
Reference has been made to the Court of Justice of the                      European Parliament and of the Council on radio equip-
European Communities by order of the Tribunale Amministra-                  ment and telecommunications terminal equipment and
tivo Regionale per la Lombardia, Sezione Staccata di Brescia                the mutual recognition of their conformity of 9 March
(Regional Administrative Court for Lombardy, Brescia Div-                   1999 be interpreted:
ision) of 13 November 2001, received at the Court Registry
on 17 January 2002, for a preliminary ruling in the case of
Casearia Bresciana Ca.bre. S.C.R.L. and Others against Azienda
di Stato per gli interventi nel mercato agricolo (State Agricul-            (a)   as applicable to alarm systems and networks, in
tural Market Intervention Body, A.I.M.A. on the following                         particular to products of that type which use radio
questions:                                                                        transmission, commonly known as wireless alarm
                                                                                  systems,
1.   May the provisions contained in Articles 1 and 4 of
     Council Regulation (EEC) No 3950/92 (1) of 28 December
     1992 and Articles 3 and 4 of Commission Regulation
     (EEC) No 536/93 (2) of 9 March 1993 be interpreted as                  (b) and, if the answer thereto is in the affirmative, as
     meaning that it is possible, in cases of administrative or                   producing sufficiently significant harmonisation in
     judicial challenge to the relevant measures, to derogate                     that field that national provisions governing the
     from the time-limits prescribed for the allocation of                        same field, such as Article 12 of the Law of 10 April
     quotas and the operation of adjustments and levies?                          1990 on caretaking firms, security firms and internal
                                                                                  caretaking services and the Royal Decree of 23 April
If not,                                                                           1999 laying down the procedure for approving the
                                                                                  alarm systems and networks referred to in the Law
2.   Are the provisions contained in Articles 1 and 4 of                          of 10 April 1990, must necessarily conform to
     Council Regulation (EEC) No 3950/92 of 28 December                           them?
     1992 and Articles 3 and 4 of Commission Regulation
     (EEC) No 534/93 of 9 March 1993 valid, in the light of
     Article 39 of the EC Treaty (now article 33), in so far as
     they do not provide that derogations may be made                 B.    In the event that the reply to the first question is in the
     from the periods prescribed by those provisions for                    affirmative:
     the allocation of individual reference quantities, for
     adjustments and levies in cases of administrative or
     judicial challenge to those provisions?
                                                                            Should Article 3 of Council Directive 73/23/EEC of
                                                                            19 February 1973, Article 5 of Council Directive
(1) OJ L 405, 31.12.1992, p. 1.                                             89/336/EEC of 3 May 1989 and Article 6(1) of Directive
(2) OJ L 57 of 10.3.1993, p. 12.
                                                                            1999/5/EC of the European Parliament and of the Council
                                                                            of 9 March 1999 be interpreted as prohibiting national
                                                                            provisions which, as do Article 12 of the Law of 10 April
                                                                            1990 and the Royal Decree of 23 April 1999, make the
                                                                            placing on the market in a Member State of all alarm
                                                                            systems and networks lawfully produced and/or marketed
Reference for a preliminary ruling by the Conseil d’État,
                                                                            in another Member State (...) subject to a prior authoris-
Belgium, by order of 8 January 2002 in the case of ATRAL
                                                                            ation procedure relating to components of those alarm
                  SA against the Belgian State
                                                                            systems and networks which satisfy the requirements of
                                                                            the directives referred to?
                         (Case C-14/02)
                         (2002/C 68/13)
                                                                            Secondly, should Council Directive 73/23/EEC of 19 Feb-
                                                                            ruary 1973, Council Directive 89/336/EEC of 3 May
Reference has been made to the Court of Justice of the                      1989 and Directive 1999/5/EC of the European Parlia-
European Communities by order of the Conseil                                ment and of the Council of 9 March 1999 be interpreted