CELEX: C2002/044/12
Language: en
Date: 2002-02-16 00:00:00
Title: Case C-467/01: Reference for a preliminary ruling by the Corte di Appello di Genova by order of that court of 15 November 2001 in the case of Ministero delle Finanze and Eurico Italia SpA

16.2.2002             EN                      Official Journal of the European Communities                                        C 44/7
Reference for a preliminary ruling by the Corte di Appello                     Article 47(2) of that regulation) to be granted further
di Genova by order of that court of 15 November 2001                           time and may it fix that duration on the basis of the time
in the case of Ministero delle Finanze and Eurico Italia                       actually taken to obtain and forward the prescribed
                               SpA                                             documentation?
                                                                         (1) OJ L 351, 14.12.1987, p. 1.
                         (Case C-467/01)
                          (2002/C 44/12)
                                                                         Reference for a preliminary ruling by the Tribunale Civile
                                                                         e Penale di Trento (Civil and Criminal Court, Trento) by
                                                                         order of 6 December 2001 in the case of Francesca Caprini
                                                                                           v Conservatore C.C.I.A.A.
Reference has been made to the Court of Justice of the
European Communities by an order of the Corte di Appello di                                     (Case C-485/01)
Genova (Genoa Court of Appeal) by order of 15 November
2001, which was received at the Court Registry on 6 December                                     (2002/C 44/13)
2001, on the following questions:
1.   On the basis of the combined provisions of Articles 47(4)           Reference has been made to the Court of Justice of the
     and 48 of Regulation (EEC) No 3665/87 (1), must it be               European Communities by order of 6 December 2001 by the
     concluded that (a) the further time which may be granted            Tribunale Civile e Penale di Trento, which was received at the
     to an exporter may not in any circumstances exceed the              Court Registry on 14 December 2001, for a preliminary ruling
     maximum duration of 18 months; or (b) that, conversely,             in the case of Francesca Caprini v Conservatore C.C.I.A.A. on
     the reduction of 15 % applies only where the ordinary               the following questions:
     time-limit and any extension thereof granted to the
     exporter is exceeded by more than six months?                       Does Council Directive 86/653/EEC (1) of 18 December 1986
                                                                         on the coordination of the laws of the Member States relating
                                                                         to self-employed commercial agents preclude a rule of national
2.   If the interpretation given in question 1(b) above is               law which makes the enrolment of a commercial agent in the
     correct, are there, on the basis of the two abovementioned          register of undertakings conditional on that agent’s name
     articles, maximum time-limits — in the light of the                 having been entered in an appropriate register?
     various forms, including those indicated in the grounds
     of this order, which they may take from the Community
     law point of view — within which the extensions of time             (1) OJ L 382, 31.12.1986, p. 17.
     may be granted?
3.   If the interpretation given in question 1(b) is correct,
     what are those maximum time-limits and what extensions
     of time are available under the two abovementioned
     articles?                                                           Reference for a preliminary ruling by the Hoge Raad der
                                                                         Nederlanden by decision of 14 December 2001 in the case
                                                                         of Gemeente Leusden and Staatssecretaris van Financiën
4.   If the interpretation given in question 1(b) is correct,
     may a private individual, on the basis of the two                                          (Case C-487/01)
     abovementioned articles, claim a legally protected right
     to the setting of a particular duration (regarded as                                        (2002/C 44/14)
     commensurate with the difficulties of obtaining the
     prescribed documentation) for the extension of time?
                                                                         Reference has been made to the Court of Justice of the
5.   If the interpretation given in question 1(b) is correct, may        European Communities by decision of 14 December 2001 by
     the national court, on the basis of the two abovemen-               the Hoge Raad der Nederlanden (Supreme Court of the
     tioned articles — if the administrative authority fails to          Netherlands), which was received at the Court Registry on
     grant further time — recognise the exporter’s right (if he          17 December 2001, for a preliminary ruling in the case of
     has acted diligently to obtain the documents and forward            Gemeente Leusden and Staatssecretaris van Financiën on the
     them within the period of 12 months laid down in                    following questions: