CELEX: C1998/397/06
Language: en
Date: 1998-12-19 00:00:00
Title: JUDGMENT OF THE COURT of 22 October 1998 in Joined Cases C-10/97 to C-22/97 (references for a preliminary ruling from the Pretura Circondariale di Roma): Ministero delle Finanze v. IN.CO.GE.'90 Srl and Others (Recovery of sums paid but not due - Treatment of a national charge incompatible with Community law)

C 397/4               EN                  Official Journal of the European Communities                                     19.12.98
General; H. von Holstein, Deputy Registrar, has given a              Mafar Srl (C-22/97) Ð on the consequences arising under
judgment on 22 October 1998, in which it:                            national law from the incompatibility of a domestic
                                                                     charge with Community law Ð the Court, composed of:
                                                                     G. C. Rodríguez Iglesias, President, P. J. G. Kapteyn, J.-P.
1. It is not contrary to Articles 17 and 18 of Council               Puissochet (Rapporteur), G. Hirsch and P. Jann (Presidents
     Regulation (EEC) No 2328/91 of 15 July 1991 on                  of Chambers), G. F. Mancini, J. C. Moitinho de Almeida,
     improving the efficiency of agricultural structures or to       C. Gulmann, J. L. Murray, D. A. O. Edward, H.
     Article 1 of Council Directive 75/268/EEC of 28 April           Ragnemalm, L. Sevón, M. Wathelet, R. Schintgen and
     1975 on mountain and hill farming and farming in                K. M. Ioannou, Judges; D. Ruiz-Jarabo Colomer,
     certain less-favoured areas to grant a compensatory             Advocate-General; H. von Holstein, Deputy Registrar, for
     allowance for permanent natural handicaps to a                  the Registrar, has given a judgment on 22 October 1998,
     farmer whose home is not on the farm.                           in which it has ruled:
2. It is not contrary either to the principle of equal               The obligation on a national court to disapply national
     treatment or to that of legal certainty for a farmer            legislation introducing a charge contrary to Community
     claiming the compensatory allowance who does not                law must lead that court, in principle, to uphold claims
     live on his farm but more than 12 kilometres by road            for repayment of that charge. Such repayment must be
     from its operational centre to be required to work the          ensured in accordance with the provisions of its national
     farm himself, to derive at least 50 % of his income             law, on condition that those provisions are not less
     from farming or similar activities and, in addition, to         favourable than those governing similar domestic actions
     establish the existence of special grounds.                     and do not render virtually impossible or excessively
                                                                     difficult the exercise of rights conferred by Community
                                                                     law. Any reclassification of the legal relationship
(1) OJ C 74, 8.3.1997, and                                           established between the tax authorities of a Member State
    OJ C 166, 31.5.1997.
                                                                     and certain companies in that State when a domestic
                                                                     charge subsequently found to be contrary to Community
                                                                     law was levied is therefore a matter for national law.
                                                                     (1) OJ C 94, 22.3.1997.
               JUDGMENT OF THE COURT
                     of 22 October 1998
in Joined Cases C-10/97 to C-22/97 (references for a
preliminary ruling from the Pretura Circondariale di
Roma): Ministero delle Finanze v. IN.CO.GE.'90 Srl and                              JUDGMENT OF THE COURT
                           Others (1)
                                                                                            (Sixth Chamber)
(Recovery of sums paid but not due Ð Treatment of a
    national charge incompatible with Community law)                                      of 22 October 1998
                         (98/C 397/06)                               in Joined Cases C-36/97 and C-37/97 (references for a
                                                                     preliminary ruling from the Schleswig-Holsteinisches
                                                                     Verwaltungsgericht): Hilmar Kellinghusen v. Amt für
                                                                     Land- und Wasserwirtschaft Kiel and Ernst-Detlef Ketelsen
                (Language of the case: Italian)
                                                                           v. Amt für Land- und Wasserwirtschaft Husum (1)
                                                                     (Common agricultural policy Ð Administrative fees Ð
                                                                                       Charging to beneficiaries)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)                                           (98/C 397/07)
In Joined Cases C-10/97 to C-22/97: references to the                               (Language of the case: German)
Court under Article 177 of the EC Treaty from the
Pretura Circondariale di Roma (District Magistrate's
Court, Rome) (Italy) for a preliminary ruling in the
proceedings pending before that court between Ministero
                                                                       (Provisional translation; the definitive translation will be
delle Finanze and IN.CO.GE.'90 Srl (C-10/97), Idelgard
                                                                               published in the European Court Reports)
Srl (C-11/97), Iris'90 Srl (C-12/97), Camed Srl (C-13/97),
Pomieza Progetti Appalti Srl (PPA) (C-14/97), Edilcam Srl
(C-15/97), A. Cecchini & C. Srl (C-16/97), EMO Srl
(C-17/97), Emoda Srl (C-18/97), Sappesi Srl (C-19/97),               In Joined Cases C-36/97 and C-37/97: references to
Ing. Luigi Martini Srl (C-20/97), Giacomo Srl (C-21/97),             the Court under Article 177 of the EC Treaty by the