CELEX: C2001/079/28
Language: en
Date: 2001-03-10 00:00:00
Title: Case C-14/01: Reference for a preliminary ruling by the Verwaltungsgericht Hannover by order of 6 December 2000 in the case of Molkerei Wagenfeld Karl Niemann GmbH & Co. KG v Bezirksregierung Hannover

C 79/16               EN                    Official Journal of the European Communities                                      10.3.2001
Reference for a preliminary ruling by the Giudice di Pace                    —     during the period prescribed for the transposition of
di Genova by order of 4 January 2001 in the case of                                the directive itself;
           Safalero Srl against Prefetto di Genova
                                                                             —     after expiry, without transposition, of the period?
                         (Case C-13/01)
                                                                             If the answer to the above is in the positive, what is the
                                                                             meaning of the Community concept of ‘measure liable
                                                                             seriously to compromise the result prescribed by the
                         (2001/C 79/27)
                                                                             directive’?
Reference has been made to the Court of Justice of the                 (1) OJ 1999 L 91, p. 10.
European Communities by order of the Giudice di Pace di
Genova (District Court, Genoa) of 4 January 2001, which was
received at the Court Registry on 11 January 2001, for a
preliminary ruling in the case of Safalero Srl against Prefetto di
Genova on the following questions:
(1) Are the rules on procedure and on sanctions for adminis-
     trative infringements, laid down by Law No 689 of                 Reference for a preliminary ruling by the Verwaltungsge-
     24 November 1981 compatible with the principles of
                                                                       richt Hannover by order of 6 December 2000 in the case
     proportionality, effectiveness and adequate legal protec-
                                                                       of Molkerei Wagenfeld Karl Niemann GmbH & Co. KG v
     tion of the rights conferred by Community law on                                     Bezirksregierung Hannover
     individuals, laid down in the Treaty and/or set out and
     defined in the case-law of the Court of Justice, where:
                                                                                                 (Case C-14/01)
     —     the offender cannot institute court proceedings
           against a measure authorising seizure adopted by the                                  (2001/C 79/28)
           administrative authorities until the administrative
           authorities themselves, without being constrained to        Reference has been made to the Court of Justice of the
           observe procedural time-limits, have applied to the         European Communities by order of 6 December 2000 by the
           courts for an interim order or a confiscation order;        Verwaltungsgericht Hannover (Administrative Court, Hann-
                                                                       over), which was received at the Court Registry on 12 January
                                                                       2001, for a preliminary ruling in the case of Molkerei
     —     a person directly and individually concerned by a           Wagenfeld Karl Niemann GmbH & Co. KG v Bezirksregierung
           measure adopted by the administrative authorities is        Hannover on the following questions:
           not allowed to institute court proceedings where the
           measure itself is addressed to other persons;
                                                                       Does Regulation (EC) No 2799/1999 (1) in conjunction with
                                                                       its annexes contravene
     —     a person directly and individually concerned by a
           measure adopted by the administrative authorities           (a)   Article 11(1) of Regulation (EC) No 1255/1999 (2),
           and addressed to other persons is not allowed to
           participate, even as a voluntary intervener, in court       (b) the second subparagraph of Article 34(2) EC, and
           proceedings brought against such a measure;
                                                                       (c)   the general legal principles of the European Community
                                                                             and the principle of the protection of legitimate expec-
     —     provision is made, without it being possible for a
           court to make a different and unfettered assessment,              tations,
           for the additional penalty of confiscation of the
           goods in the event of a purely administrative               inasmuch as the aforesaid regulation precludes aid from being
           infringement, the main penalty for which is pecuni-         granted for skimmed milk and buttermilk for liquid feed unless
           ary and involves payment of a quite modest sum of           that milk is first processed into compound feedingstuffs or
           money?                                                      into skimmed-milk powder, and makes no provision for a
                                                                       transitional period; is it on those grounds void (in part)?
(2) Do Articles 10 and 249 of the Treaty precludes Member
     States from adopting measures contrary to Directive               (1) OJ L 340 of 31.12.1999, p. 3.
     1999/5/EC (1) of the European Parliament and of the               (2) OJ L 160 of 26.6.1999, p. 48.
     Council of 9 March 1999 on radio equipment and
     telecommunications terminal equipment and the mutual
     recognition of their conformity: