CELEX: C1995/119/16
Language: en
Date: 1995-05-13 00:00:00
Title: Reference for a preliminary ruling from the Hessischer Verwaltungsgerichtshof by order of that court of 9 February 1995 in the case of T. Port GmbH & Co. KG v. Bundesanstalt für Landeswirtschaft und Ernährung, third party: Federal Republic of Germany (Case C-68/95)

No C 119/8              | EN |                Official Journal of the European Communities                                      13 . 5 . 95
Where a claimant is entitled to a national social security                   or Article 19 of Regulation (EEC ) No 404/93 is
benefit by virtue of falling within the scope of Council                     amplified ?
Directive 79/7/EEC of 19 December 1978 on the progressive
implementation of the principle of equal treatment for men               (!) OJ No L 47, 25 . 2 . 1993 , p . 1 .
and women in matters of social security ( 1 ) does Community
law, in the circumstances of the present case, entitle the
claimant to interest on the award of benefit and, if so:
   (i ) from what date is interest payable ?
                                                                         Reference for a preliminary ruling from the Raad van State,
  (ii ) what shall the rate of interest be ?                             Afdeling Bestuursrechtspraak, by order of that court of
                                                                         8 March 1995 in the case of BV Aannemersbedrijf P. K.
( iii ) is interest to be calculated only on the balance which           Kraaijeveld and Others against Gedeputeerde Staten van
          falls due after off-setting, in accordance with national                                  Zuid-Holland
          overlapping rules, any other benefit payments made
                                                                                                   (Case C-72/95 )
          for the same period ?
                                                                                                    ( 95/C 119/17
H OJ No L 6 , 10 . 1 . 1979 , p . 24 .
                                                                         Reference has been made to the Court of Justice of the
                                                                         European Communities by an order of the Raad van
                                                                         State, Afdeling Bestuursrechtspraak ( State Council,
                                                                         Administrative Appeal Section) of 8 March 1 995 , which
                                                                         was received at the Court Registry on 14 March 1995 , for a
                                                                         preliminary ruling in the case of BV Aannemersbedrijf P. K.
Reference for a preliminary ruling from the Hessischer                   Kraaijeveld and Others against Gedeputeerde Staten van
Verwaltungsgerichtshof by order of that court of 9 February              Zuid Holland ( Zuid-Holland Provincial Executive ), on the
1995 in the case of T. Port GmbH & Co . KG v.
                                                                         following questions:
Bundesanstalt fiir Landeswirtschaft und Ernâhrung, third
                 party: Federal Republic of Germany
                                                                         1 . Must the expression 'canalization and flood-relief
                            ( Case C-68/95 )                                 works ' in Annex II to Council Directive 85/337/EEC of
                              ( 95/C 119/16 )                                27 June 1985 on the assessment of the effects of certain
                                                                             public and private projects on the environment (*) be
Reference has been made to the Court of Justice of the                       interpreted as also covering certain types of work on a
European Communities by an order of the Hessischer                           dike running alongside waterways ?
Verwaltungsgerichtshof,              Eighth     Senate     ( Higher
Administrative Court, Hesse ) of 9 February 1995 , which                 2 . Having regard in particular to the expressions 'projects'
was received at the Court Registry on 13 March 1 995 , for a                 and 'modifications to projects' employed in the
preliminary ruling in the case of T. Port GmbH & Co. KG                      Directive, does it make any difference to the answer to
v. Bundesanstalt fiir Landeswirtschaft und Ernâhrung                         question 1 whether what is involved is :
( Federal Office for Agriculture and Food ), third party:
Federal Republic of Germany, on the following                                (a ) the construction of a new dike;
questions :
                                                                             ( b ) the relocation of an existing dike;
1 . Does Article 16 ( 3 ) or Article 30 of Council Regulation
       ( EEC ) No 404/93 of 13 February 1993 H put the                       (c ) the reinforcement and/or widening of an existing
                                                                                   dike;
       Commission under a duty to deal with cases of hardship
       arising because operators of category A have difficulties
       in continuing trading owing to the fact that, on the basis
                                                                             ( d) the replacement in situ of a dike whether or not the
                                                                                   new dike is stronger and/or wider than the old one;
       of the reference years to be taken into account under                       or
       Article 19 (2 ) of that Regulation, they are allocated an
       exceptionally low quota and cannot switch to the                      (e ) a combination of two or more of ( a ) to ( d )?
       market for ACP and Community bananas ?
                                                                         3 . Must Article 2(1 ) and Article 4 ( 2 ) of the Directive be
2 . Is Article 19 (2 ) of Regulation ( EEC ) No 404/93 invalid               interpreted as meaning that — if a Member State lays
       in so far as it makes no provision for taking other                   down in its national implementing legislation wrong
       reference years into account in cases of hardship in the              specifications or criteria and/or thresholds within the
       transitional period ?                                                 meaning of Article 4 (2 ) of the Directive for a project
                                                                             listed in Annex II — an obligation exists by virtue of
3 . In the event that one of the above two questions is                      Article 2 ( 1 ) of the Directive to subject the project to an
       answered in the affirmative : on what conditions is the               environmental impact assessment if the project is likely
       national court authorized to take provisional measures                to have 'significant effects on the environment by virtue
       in proceedings for the grant of interim relief until                  inter alia of [its] nature, size or location' within the
       such time as hardship arrangements are introduced                     meaning of Article 2 ( 1 )?