CELEX: C2002/156/22
Language: en
Date: 2002-06-29 00:00:00
Title: Case C-177/02, C-178/02, C-179/02 e C-180/02: Reference for a preliminary ruling by the Corte Suprema di Cassazione by order of that Court of 17 January 2002 in the cases of 1) Agenzia per le erogazioni in agricoltura — AGEA against Azienda agricola Fava Alessandro & Delledonne Carla; 2) Agenzia per le erogazioni in agricoltura — AGEA against Luigi Serpelloni; 3) Azienda agricola Coato Giovanni, Lorenzo & Vaccaro Ivana against Agenzia per le erogazioni in agricoltura — AGEA; and 4) Agenzia per le erogazioni in agricoltura — AGEA against Battista e Giacomo Malzani

C 156/12                EN                  Official Journal of the European Communities                                      29.6.2002
—     Incorrect legal assessment of the letter of the director of      the pension of 5 % for each year by which the pension is taken
      the merger control directorate of 7 November 2001                in advance?
      The interpretation of the Court of First Instance that the
      letter of 7 November 2001 is to be imputed to the                (1) Council Directive 79/7/EEC of 19 December 1978 on the
      Commission as a contestable act, since in contrast to the            progressive implementation of the principle of equal treatment
      two previous letters there is no mention in it of the                for men and women in matters of social security (OJ L 6 of
      Commission not being bound, appears arbitrary and                    10.1.1979, p. 24).
      contrary to the principle of good faith and hence in
      breach of general principles of Community law.
      With a correct legal assessment, the Court of First Instance
      should have concluded that the letter of the merger              Reference for a preliminary ruling by the Corte Suprema
      control directorate of 7 November 2001 was not imput-            di Cassazione by order of that Court of 17 January 2002
      able to the Commission, so that there was a continuing           in the cases of 1) Agenzia per le erogazioni in agricoltura
      failure to act by the Commission.                                — AGEA against Azienda agricola Fava Alessandro &
                                                                       Delledonne Carla; 2) Agenzia per le erogazioni in agricol-
                                                                       tura — AGEA against Luigi Serpelloni; 3) Azienda agricola
                                                                       Coato Giovanni, Lorenzo & Vaccaro Ivana against Agen-
                                                                       zia per le erogazioni in agricoltura — AGEA; and 4) Agen-
(1) Not yet reported in the ECR.                                       zia per le erogazioni in agricoltura — AGEA against
                                                                                         Battista e Giacomo Malzani
                                                                             (Case C-177/02, C-178/02, C-179/02 e C-180/02)
                                                                                                (2002/C 156/22)
                                                                       Reference has been made to the Court of Justice of the
                                                                       European Communities by order of the la Corte Suprema di
                                                                       Cassazione (Supreme Court of Cassation) of 17 January 2002,
Reference for a preliminary ruling by the Belgian Cour de              received at the Court Registry on 13 May 2002, for a
Cassation by judgment of that Court of 29 April 2002 in                preliminary ruling in the cases of 1) Agenzia per le erogazioni
the case of Robert Bourgard against Institut National                  in agricoltura — AGEA against Azienda agricola Fava Alessan-
   d’Assurances Sociales pour Travailleurs Indépendants                dro & Delledonne Carla; 2) Agenzia per le erogazioni in
                                                                       agricoltura — AGEA against Luigi Serpelloni; 3) Azienda
                                                                       agricola Coato Giovanni, Lorenzo & Vaccaro Ivana against
                          (Case C-172/02)                              Agenzia per le erogazioni in agricoltura — AGEA; and
                                                                       4) Agenzia per le erogazioni in agricoltura — AGEA against
                                                                       Battista e Giacomo Malzani on the following question:
                          (2002/C 156/21)
                                                                       Must Article 1 of Regulation (EEC) No 856/84 (1) of 31 March
                                                                       1984 and Articles 1 to 4 of Regulation No 3950/92 (2) of
                                                                       28 December 1992 be interpreted as meaning that the
                                                                       additional levy on milk and milk products is in the nature of
Reference has been made to the Court of Justice of the
                                                                       an administrative penalty with the result that producers are
European Communities by judgment of the Belgian Cour de
                                                                       liable to pay it only where quantities allocated have been
Cassation (Third Chamber) of 29 April 2002, received at the
                                                                       exceeded by them intentionally or as a result of negligence?
Court Registry on 10 May 2002, for a preliminary ruling
in the case of Robert Bourgard against Institut National
d’Assurances Sociales pour Travailleurs Indépendants on the
following question:                                                    (1) OJ L 90 of 1.4.1984, p. 10.
                                                                       (2) OJ L 405 of 31.12.1992, p. 1.
Does Article 7(1)(a) of Directive 79/7/EEC (1) of the Council of
19 December 1978 authorise a Member State which has set
the pensionable age of male self-employed workers at 65 and
that of female self-employed workers at 60, with the result
that the old-age pension of male workers is calculated on the
basis of an insurance record expressed as a fraction with a
denominator of 45, whilst the denominator is 40 for female
workers, to impose on male workers, who alone have the right
to rquest early payment of the old-age pension in the five years
prior to normal retirement age, a reduction in the amount of