CELEX: C2001/303/09
Language: en
Date: 2001-10-27 00:00:00
Title: Case C-297/01: Reference for a preliminary ruling by the Tribunale di Catania — 4th Civil Section by order of 12 July 2001 in joined civil actions (1) Sicilcassa SpA v IRA Costruzioni SpA and Others, and (2) Aiello Elena v IRA Costruzioni and Others

27.10.2001             EN                    Official Journal of the European Communities                                        C 303/7
Reference for a preliminary ruling by the Tribunale di                  1.    May nationals of a Member State of the European
Catania — 4th Civil Section by order of 12 July 2001 in                       Union rely on free movement of capital for a domestic
joined civil actions (1) Sicilcassa SpA v IRA Costruzioni                     transaction if national law lays down a prohibition of
SpA and Others, and (2) Aiello Elena v IRA Costruzioni                        discrimination against that country’s own nationals but
                            and Others                                        does not expressly guarantee citizens of the Union free
                                                                              movement of capital in the national legislation?
                         (Case C-297/01)
                                                                        2.    Is it compatible with free movement of capital for
                         (2001/C 303/09)                                      authorisation by the land transfer authority, which has
                                                                              constitutive effect, to be required for the acquisition of
Reference has been made to the Court of Justice of the                        building land which has not been built on?
European Communities by an order of the Tribunale (District
Court) Catania — 4th Civil Section — by order of that court
of 12 July 2001, which was received at the Court Registry on            3.    What effect does the standstill clause in point 1(e) of
26 July 2001, for a preliminary ruling in the joined civil                    Annex XII to the EEA Agreement have on wholly new
actions (1) Sicilcassa SpA v IRA Costruzioni SpA and Others                   kinds of situations requiring authorisation under land
and (2) Aiello Elena v IRA Costruzioni and Others on the                      transfer law, not created until after signature of the EEA
following questions:                                                          Agreement on 2 May 1992?
1.    On an interpretation of Article 87 et seq. EC may
      transitional rules, such as those laid down in Article 106
      of Legislative Decree No 270/99, constitute new State aid
      and come within the scope of the prohibition under
      Article 87 EC?
If the answer to Question 1 is affirmative,
2.    In light of the considerations set out in the grounds
      hereof can the transitional rules under examination come
      within the provision in Article 87(3)(b) of the EC Treaty?        Reference for a preliminary ruling by the Oberlandesge-
                                                                        richt Düsseldorf by order of that court of 11 July 2001 in
If the answer to Question 2 is negative,                                case of 1. AOK Bundesverband, 2. Bundesverband der
                                                                        Betriebskrankenkassen, 3. Bundesverband der Innungs-
3.    In light of the general principles of Community law and           krankenkassen, 4. Bundesverband der landwirtschaftli-
      in particular those mentioned in the grounds hereof, can          chen Krankenkassen, 5. Verband der Angestellten-
      the transitional rules under examination be deemed                krankenkassen e.V., Siegburg, 6. Verband der Arbeiter-
      compatible with the EC Treaty and the Community legal             Ersatzkassen, 7. Bundesknappschaft, 8. See-Krankenkasse
      order?                                                                               gegen Mundipharma Gmbh
                                                                                                  (Case C-306/01)
                                                                                                  (2001/C 303/11)
Reference for a preliminary ruling from the Landesgericht
Feldkirch by order of that court of 14 June 2001 in the
land register proceedings brought by Doris Salzmann née
                               Greif                                    Reference has been made to the Court of Justice of the
                                                                        European Communities by order of the Oberlandesgericht
                         (Case C-300/01)                                (Higher Regional Court) Düsseldorf of 11 July 2001 received
                                                                        at the Court Registry on 6 August 2001, for a preliminary
                                                                        ruling on the same questions as referred to the Court in Case
                         (2001/C 303/10)                                C-264/01 (1).
Reference has been made to the Court of Justice of the
European Communities by an order of the Landesgericht
Feldkirch (Regional Court, Feldkirch), Austria, of 14 June              (1) See page 5 of this Official Journal.
2001, which was received at the Court Registry on 27 June
2001, for a preliminary ruling in the land register proceedings
brought by Doris Salzmann née Greif on the following
questions: