CELEX: C1995/189/17
Language: en
Date: 1995-07-22 00:00:00
Title: Reference for a preliminary ruling by the Dioikitiko Efetio (Administrative Court of Appeal), Athens, by a decision of that court of 30 March 1995 in the case of Dimosia Epicheirisi Ilectrismou (DEI) v. E. Evrenopoulos (Case C-147/95)

No C 189/ 10              EN                  Official Journal of the European Communities                                     22 . 7 . 95
Pleas in law and main arguments adduced in support:                      6 . If the answer to questions 3 and 5 is in the affirmative, is
                                                                             a widower who does not receive a pension and other
— Time limit for instituting proceedings : the Court of First                survivor's benefits on the basis of that provision (Article
    Instance departed from Community law by finding that,                    9 ( 1 ) ( a) ofLaw No 4491/1966 ) entitled toapension and
    notwithstanding the fact that a decision was notified to                 survivor's benefits under the same conditions as those
    the applicants, the time limit for instituting proceedings               laid down for widows ?
    provided for in Article 173 of the Treaty had begun to
    run for the applicants only from the moment when they
    had '. . . sufficient knowledge of the reasons for the
    Commission's decision'.
                                                                         Reference for a preliminary ruling from the Tribunale di
                                                                         Genova — Sezione prima civile — by order of that court of
— Infringement of Community law: the Commission                          30 March 1995 in the case of Igino Mazzola SpA v.
    considers that the obligation arising from Article 6 of                               Ministero delle Finanze dello Stato
    Regulation (EEC ) No 2950/83 i 1 ) must be interpreted in
    the specific context of the many and necessarily close                                         (Case C-148/95 )
    contacts between the Commission and the Portuguese                                               ( 95/C 189/18 )
    authorities .
                                                                         Reference has been made to the Cour^ of Justice of the
(M OJ No L 289 , 22 . 10 . 1983 , p . 1 .
                                                                         European Communities by an order of the Tribunale di
                                                                         Genova, Sezione prima civile ( District Court, Genova, First
                                                                         Civil Section ) of 30 March 1995 , which was received at the
                                                                         Court Registry on 12 May 1995 , for a preliminary ruling in
                                                                         the case of Igino Mazzola SpA v . Ministero delle Finanze
                                                                         dello Stato ( State Finance Minister ) on the same questions as
                                                                         in Case C-92/95 ( M.
Reference for a preliminary ruling by the Dioikitiko Efetio
( Administrative Court of Appeal), Athens, by a decision of              (M OJ No C 137, 3 . 6 . 1995 .
that court of 30 March 1995 in the case of Dimosia
       Epicheirisi Ilectrismou ( DEI) v. E. Evrenopoulos
                            ( Case C-147/95 )
                              ( 95/C 189/17                              Reference for a preliminary ruling from the Tribunal
                                                                         Administratif, Amiens ( Second Chamber) by judgment of
Reference has been made to the Court of Justice of the                   that court of 20 April 1995 in the case of Michel Macon,
European Communities by a decision of the Administrative                 Monique Macon, Philippe Macon, Jacqueline Sauvrezy
Court of Appeal, Athens, of 30 March 1995 , which was                    and Pascal Macon against the Prefect of the Aisne
received at the Court Registry on 12 May 1995 , for a                                                  Department
preliminary ruling in the case of Dimosia Epicheirisi                                              ( Case C-152/95 )
Ilectrismou ( DEI ) ( Public Electricity Company ) v . E.                                            ( 95/C 189/19
Evrenopoulos on the following questions :
                                                                         Reference has been made to the Court of Justice of the
1 . Is the DEI insurance scheme as described in paragraph 2              European Communities by a judgment of the Tribunal
     of the decision an occupational or a statutory                      Administratif (Administrative Court ), Amiens ( Second
     scheme ?                                                            Chamber) of 20 April 1995, which was received at the Court
                                                                         Registry on 15 May 1995 , for a preliminarty ruling in the
2 . Does Article 1 19 of the EC Treaty or Directive 79/7/EEC             case of Michel Macon, Monique Macon, Philippe Macon,
     apply to the scheme, in particular to the survivors '               Jacqueline Sauvrezy and Pascal Macon against the Prefect of
     benefits for which it provides ?                                    the Aisne Department on the question set out below.
3 . Is Article 9 ( 1 ) ( a ) of Greek Law No 4491 / 1966 contrary        The Tribunal Administratif, Amiens ( Second Chamber) asks
     to Article 119 of the EC Treaty ?                                   the Court of Justice to give a ruling on the following
                                                                         question :
4 . Is its maintenance in force permitted by any other
     Community provision ?                                               Must Article 2 of Council Regulation ( EEC ) No 1637/91 of
                                                                         13 June 1991 fixing compensation with regard to the
5 . Does Article 119 of the EC Treaty apply to the case in               reduction of the reference quantities referred to in Article 5c
     point in the light of Protocol 2 to the EEC Treaty and the          of Regulation ( EEC ) No 804/68 and compensation for
     fact that the respondent brought his original action                the definitive discontinuation of milk production i 1 ) be
     before 17 May 1990, that is to say on 12 June 1989 , but            interpreted as precluding the grant of compensation for
     that action was, however, dismissed by Decision                     definitive discontinuation of milk production to a farmer
     No 8361 / 1990 of the Administrative Court of First                 who, while not producing milk, none the less at the time the
     Instance , Athens, because no objection had been lodged             application is made possesses milk reference quantities, by
     ( quasi-judicial action) against the decision of the                virtue of direct sales in particular ?
     Director of the Staff Insurance, and in the decision a time
                                                                         (!) OJ No L 150, 15 . 6 . 1991 , p . 30 .
     limit of three months was allowed for lodging such an
     objection ?