CELEX: 62010CN0519
Language: en
Date: 2010-10-27 00:00:00
Title: Case C-519/10: Reference for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 27 October 2010 — Giovanni Colapietro v Ispettorato Centrale Repressioni Frodi

15.1.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 13/21
            
         Reference for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 27 October 2010 — Giovanni Colapietro v Ispettorato Centrale Repressioni Frodi
   (Case C-519/10)
   ()
   2011/C 13/40
   Language of the case: Italian
   
      Referring court
   
   Tribunale di Bari
   
      Parties to the main proceedings
   
   
      Applicant: Giovanni Colapietro
   
      Defendant: Ispettorato Centrale Repressioni Frodi
   
      Questions referred
   
   
               1.
            
            
               What is the scope of Regulation (EEC) No 822/87, (1) that is to say, its spatial and temporal application, and the purpose thereof as regards penalties, with respect to the 1993/94 wine year, the period to which the case at issue relates?
            
         
               2.
            
            
               Is it true that Article 39 of Regulation (EEC) No 822/87 was implemented, in respect of the 1993/94 wine year, by Regulation (EEC) No 343/94 (2) of 15 February 1994 and replaced with that regulation?
            
         
               3.
            
            
               Is the application of the fine of LIT 390 250 000 (now EUR 201 547,30 — two hundred and one thousand five hundred and forty seven point 30 euros) for failure to deliver for compulsory distillation — in respect of the 1993/94 wine year — 7 084,87 hl of table wine, that volume having been calculated by applying the compulsory distillation quota to the lees produced (15 155 hl) (the yield being 126 hl/ha and the compulsory distillation quota being 51.5 %, in accordance with Regulation (EEC) No 610/94) (3) disproportionate in effect to the offences and in breach of the principle of fair punishment, which has been set out many times by the Court of Justice?
            
         
      (1)  OJ 1987 L 84, p. 1.
   
      (2)  OJ 1987 L 44, p. 9.
   
      (3)  OJ 1994 L 77, p. 12.