CELEX: C1995/333/16
Language: en
Date: 1995-12-09 00:00:00
Title: Reference for a preliminary ruling by the 1o Juízo Cível da Comarca de Lisboa by order of that court of 11 July 1995 in the case of Banco de Fomento e Exterior, SA, Amândio Maurício Martins Pechim and his wife Maria da Luz Lima Barros Raposo Pechim against CTV - Confecções Têxteis de Vouzela, Lda. (Case C-326/95)

9 . 12 . 95              EN                   Official Journal of the European Communities                                 No C 333/9
necessary to comply with the Directives referred to in the               Action brought on 17 October 1995 by the Commission of
conclusions of the Commission .                                            the European Communities against the Italian Republic
                                                                                                ( Case C-327/95 )
(')  OJ  No L 46 , 19 . 2 . 1991 , p . 1 .                                                        ( 95/C 333/ 17 )
(2)  OJ  No L 268 , 24 . 9 . 1991 , p . 1 .
(■') OJ  No L 268 , 24 . 9 . 1991 , p . 15 .
(4)  OJ  No L 187, 7 . 7 . 1992 , p . 41 .
                                                                         An action against the Italian Republic was brought before
                                                                         the Court of Justice of the European Communities on
                                                                         17 October 1995 by the Commission of the European
                                                                         Communities, represented by Eugenio de March, Legal
                                                                         Adviser, acting as Agent, with an address for service in
                                                                         Luxembourg at the office of Carlos Gomez de la Cruz, of its
                                                                         Legal Service, Wagner Centre, Kirchberg, Luxembourg.
Reference for a preliminary ruling by the 1° Juizo Civel da
Comarca de Lisboa by order of that court of 1 1 July 1995 in             The applicant claims that the Court should :
the case of Banco de Fomento e Exterior, SA, Amandio
Mauricio Martins Pechim and his wife Maria da Luz Lima
Barros Raposo Pechim against CTV — Confecgoes Texteis                    1 . declare that, by imposing a minimum price on oil-cake,
                           de Vouzela, Lda.                                   the Italian Republic has failed to fulfil its obligations
                           ( Case C-326/95 )                                  under the common organization of the market in
                             ( 95/C 333/ 16 )
                                                                              oils and fats established by Council Regulation
                                                                              No 136/66/EEC ( } ) of 22 September 19 66 .
Reference has been made to the Court of Justice of the                   2 . order the Italian Republic to pay the costs .
European Communities by order of the 1° Juizo Civel da
Comarca de Lisboa ( Civil Court No 1 , Lisbon ) of 11 July
1995 , which was received at the Court Registry on                       Pleas in law and main arguments:
16 October 1995 , for a preliminary ruling in the case of
Banco de Fomento e Exterior, SA, Amandio Mauricio
Martins Pechim and his wife Maria da Luz Lima Barros                     The oil and fats industry is governed by Regulation
Raposo Pechim against CTV — Confecgoes Texteis de                        No 136/66/EEC of 22 September 1966 and subsequent
Vouzela Lda ., on the following questions :                              amendments . Article 1 lists the products to which it applies
                                                                         ( among them oil-cake and olive-residue oils ), grouping the
                                                                         various categories according to the treatment applied to
1 . Must be BFE be regarded as an ' undertaking' and in                  them by the organization of the market. That treatment
     particular 'a public undertaking', within the meaning of            varies according to the various products and constitutes
     Articles 90 and 92 of the Treaty of Rome ?                          exhaustive and complete regulation of the organization of
                                                                         the agricultural markets in oils and fats, which leaves no
2 . May the advantage which the BFE enjoys over its                      room for unilateral and autonomous action by the Member
     competitors be interpreted as being ' State aid ' within the        States .
     meaning of Article 92 of the Treaty of Rome ?
                                                                         The minimum prices for purchase by oil-presses and for sale
3 . Must such advantages be taken to be restrictions to the              by oil producers, imposed in respect of oil-cake by Italian
     freedom to provide services within the Community,                   Law No 1527/61 , mainly concern ( wholesale ) marketing of
     within the meaning of Article 59 of the Treaty of                   a product covered by the common organization of the
     Rome ?                                                              market in oil and fats .
4 . Do Articles 59 , 90 ( 1 ), and 92 ( 1 ) of the Treaty of Rome        It follows that the Law is contrary to and incompatible with
     have direct effect and may they be relied upon in the               the provisions governing the aforementioned common
     present proceedings ?                                               organization of the market inasmuch as it constitutes a
                                                                         national intervention measure in a field where Community
5 . Do the rules of the Treaty of Rome take precedence over              rules are exhaustive .
     and negate any conflicting national law ?
                                                                         The arguments put forward by the Italian authorities to
6 . Does the present case concern a question of Community                justify keeping in force the mandatory fixing of the
     law, or is the interpretation thereof sufficiently clear and        minimum price of oil-cake are not, in the view of the
     self-evident such as to obviate the need to make a                  Commission, of such a kind as to bring to an end the
     reference for a preliminary ruling ?                                infringement at issue . Even if it were to be accepted that the
                                                                         imposition of a minimum price could contribute to attaining
                                                                         objectives in themselves worthy of protection, it would not
                                                                         however render lawful the choice of an instrument which