CELEX: C1998/278/60
Language: en
Date: 1998-09-05 00:00:00
Title: Reference for a preliminary ruling by the Corte Suprema di Cassazione by order of that court of 22 May 1998 in the case of Istituto Nazionale della Previdenza Sociale v. Mario Maraldi SpA (Case C-288/98)

C 278/32             EN                  Official Journal of the European Communities                                      5.9.98
Reference for a preliminary ruling by the Corte Suprema             Communities, represented by Maria Patakia and Bernard
di Cassazione by order of that court of 22 May 1998 in              Mongin, both of its Legal Service, with an address for
the case of Istituto Nazionale della Previdenza Sociale v.          service in Luxembourg at the office of Carlos Gómez de la
                     Mario Maraldi SpA                              Cruz, of its Legal Service, Wagner Centre, Kirchberg.
                      (Case C-288/98)
                        (98/C 278/60)                               The Commission claims that the Court should:
Reference has been made to the Court of Justice of the              Ð declare that, by not adopting the laws, regulations and
European Communities by an order of the Corte Suprema                   administrative provisions necessary to comply with
di Cassazione (Supreme Court of Cassation) of 22 May                    Council Directive 92/51/EEC of 18 June 1992 on a
1998, which was received at the Court Registry on 27 July               second general system for the recognition of
1998, for a preliminary ruling in the case of Istituto                  professional education and training to supplement
Nazionale della Previdenza Sociale v. Mario Maraldi SpA,                Directive 89/48/EEC (1), or by not giving notice of the
on the following questions:                                             necessary      implementing    measures     within    the
                                                                        prescribed period, the Hellenic Republic has failed to
                                                                        fulfil its obligations under Article 17 of that Directive
                                                                        and the EC Treaty,
1. Does a provision of national law, which exempts
    particular categories of undertakings (which, although
    insolvent, are not being wound up and are enjoying
    favourable treatment in the form of suspension of               Ð order the Hellenic Republic to pay the costs.
    the claims against them, including those of public
    authorities, and authorisation, granted by a
    discretionary administrative measure, to continue in            Pleas in law and main arguments adduced in support:
    business) from the payment of penalties incurred
    through non-payment of social security contributions
    constitute State aid within the meaning of Article 92?
                                                                    The Member States are required by the binding character
                                                                    of the third paragraph of Article 189 and of Article 5 of
                                                                    the EC Treaty to adopt the measures needed to transpose
2. Does such a measure, considered in isolation or in               Directives into national law before the expiry of the
    conjunction with the special regime already enjoyed by          period laid down for that purpose and to communicate
    the undertaking, constitute new State aid or the                those measures immediately to the Commission. That
    alteration of existing aid which is therefore covered by        period expired on 18 June 1994 without the Hellenic
    the obligation of notification as provided for by               Republic having communicated to the Commission
    Article 93(3) of the EC Treaty?                                 provisions transposing the Directive at issue into national
                                                                    law.
3. If that is the case, what are the consequences of                (1) OJ L 209, 24.7.1992, p. 25.
    non-notification of that measure to the European
    Commission as regards the powers of the national
    court and, in particular, does the illegality of the aid
    allow the court to refuse to apply the provision in
    question?
                                                                          Removal from the register of Case C-322/97 (1)
                                                                                             (98/C 278/62)
Action brought on 27 July 1998 by the Commission of the
                                                                    By order of 6 May 1998 the President of the Fifth
   European Communities against the Hellenic Republic
                                                                    Chamber of the Court of Justice of the European
                      (Case C-289/98)                               Communities has ordered the removal from the register
                                                                    of Case C-322/97: Commission of the European
                        (98/C 278/61)                               Communities v. Kingdom of Belgium.
                                                                    (1) OJ C 331, 1.11.1997.
An action against the Hellenic Republic was brought
before the Court of Justice of the European Communities
on 27 July 1998 by the Commission of the European