CELEX: C1995/286/05
Language: en
Date: 1995-10-28 00:00:00
Title: Reference for a preliminary ruling by the Pretura Circondariale di Verona - Sezione Distaccata di Isola della Scala by order of that court of 27 July 1995 and supplement of 4 September 1995 in the case of Impresa Agricola Buratti Leonardo, Pierluigi and Livio against TAV Tabacchicoltori Associati Veneti soc.coop. a r.l. (Case C-273/95)

28 . 10 . 95             EN                     Official Journal of the European Communities                                   No C 286/3
— Discrimination, inadequate statement of reasons ( see                    Court of First Instance of the European Communities in
      Cases C-71 /95 (2 ) and C-155/95 ( 3 )).                             Case T-7/93 (') between Langnese-Iglo GmbH and the
                                                                           Commission of the European Communities, supported
(') Commission Regulation ( EC ) No 1219/95 of 30 May 1995                 by Mars GmbH, was brought before the Court of Justice
      adopting transitional measures for the application of the tariff     of the European Communities on 18 August 1995 by
      quota arrangements for imports of bananas for the third quarter      Langnese-Iglo GmbH, Hamburg ( Federal Republic of
      of 1995 as a result of the accession of Austria , Finland and        Germany ), represented by Martin Heidenhain, Bernard M.
      Sweden ( OJ No L 120 , 31 . 5 . 1995 , p. 20 ).                      Maassen, Horst Satzky, Rechtsanwälte, Frankfurt am
( 2 ) OJ No C 159 , 24 . 6 . 1995 , p . 13 .                               Main, with an address for service in Luxembourg at the
(■') OJ No C 208 , 12 . 8 . 1995 , p . 3 .
                                                                           Chambers of Jean Hoss, 15 Cote d'Eich, L-1450
                                                                           Luxembourg.
                                                                           The appellant claims that the Court should:
Reference for a preliminary ruling by the Pretura                          1 . set aside the judgment of the Court of First Instance of
Circondariale di Verona — Sezione Distaccata di Isola della                     the European Communities of 8 June 1995 in Case
Scala by order of that court of 27 July 1995 and supplement                     T-7/93 Langnese-Iglo GmbH v. Commission of the
of 4 September 1995 in the case of Impresa Agricola Buratti                     European Communities in so far as it dismissed the
Leonardo, Pierluigi and Livio against TAV Tabacchicoltori                       appellant's action against Commission Decision
                 Associati Veneti soc.coop. a r.l .                             93/406/EEC of 23 December 1992 , in a proceeding
                                                                                under Article 85 of the EEC Treaty ( Case
                           ( Case C-2 73/95                                     IV/34.072 );
                             ( 95/C 286/05 )
                                                                           2 . declare void Articles 1 , 2 and 3 of Commission Decision
Reference has been made to the Court of Justice of the                          93/406/EEC of 23 December 1992, in a proceeding
European        Communities         by     order  of the     Pretura            under Article 85 of the EEC Treaty ( Case
Circondariale di Verona — Sezione Distaccata di Isola della                     IV/34.072 );
Scala (Verona District Magistrate's Court — Isola della
Scala Division ) of 27 July 1995 , supplemented on                         3 . order the Commission to pay the costs of the
4 September 1995 , which were received at the Court                             proceedings before the Court of First Instance and the
Registry on 11 August and 12 September 1995 , for a                             costs of the appeal proceedings; or
preliminary ruling in the case of Impresa Agricola Buratti                 in the alternative,
Leonardo, Pierluigi and Livio against TAV Tabacchicoltori
Associati Veneti soc.coop . a r.l . on the following                            refer the case back to the Court of First Instance of the
question :
                                                                                European Communities .
'Is Regulation ( EEC ) No 3478/92 ( 1 ) and in particular
Articles 10 and 1 1 thereof to be interpreted as meaning that              Pleas in law and main arguments adduced in support:
the date to be taken into consideration for the purpose of
applying the agricultural conversion rate to the processing                Infringement of Community law when appraising the pleas
premium is the date on which the tobacco is delivered to the               in law: ( a ) infringement of the principle of the protection of
processor by the producer group or the date on which the                   legitimate expectations, ( b ) infringement of Article 85 ( 1 ) of
product is supplied by the individual producer to the group                the Treaty ( effects on competition of the exclusive dealing
itself, and what constitutes " delivery under contract " within            agreements ) and ( c ) infringement of the principles of
the meaning of the abovementioned provisions ?'                            proportionality and of equal treatment .
(') O J No L 351 , 2 . 12 . 1992 , p . 17 .                                (') OJ No C 208 , 12 . 8 . 1995 , p . 18 .
Appeal brought on 18 August 1995 by Langnese-Iglo                          Appeal brought on 30 August 1995 by the Commission of
GmbH against the judgment delivered on 8 June 1995 by the                  the European Communities against the judgment delivered
Second Chamber, extended composition, of the Court of                      on 29 June 1995 by the First Chamber ( Extended
First Instance of the European Communities in Case T-7/93                  Composition ) of the Court of First Instance in Case T-3 1/9 1
between Langnese-Iglo GmbH and the Commission of the                       between Solvay SA and the Commission of the European
      European Communities, supported by Mars GmbH                                                    Communities
                         ( Case C-279/95 P )                                                      ( Case C-287/95 P
                              ( 95/C 286/06 )                                                        ( 95/C 286/07 )
An appeal against the judgment delivered on 8 June 1995                    An appeal against the judgment delivered on 29 June 1995
 by the Second Chamber, extended composition, of the                        by the First Chamber ( Extended Composition ) of the Court