CELEX: C2001/108/03
Language: en
Date: 2001-04-07 00:00:00
Title: Cases C-480/00, C-490/00 and C-491/00: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale per il Lazio by judgments of that court of 6 July 2000 in Case C-480/00 Azienda Agricola Ettore Ribaldi v Azienda di Stato per gli Interventi nel Mercato Agricolo (AIMA), the other party to the proceedings being Caseificio Nazionale Novarese s.c.a.r.l.; Case C-490/00 Cesare and Michele Filippi s.s. v AIMA and the Ministry of the Treasury, the Budget and Planning; Case C-491/00 Cooperativa Latte Associati della Lessinia a.r.l. v AIMA and the Ministry of the Treasury, the Budget and Planning

C 108/2                   EN                       Official Journal of the European Communities                                        7.4.2001
Augsburg (Germany) for a preliminary ruling in the proceed-                   Tribunale Amministrativo Regionale per il Lazio, received at
ings pending before that court between Johann Vogler and                      the Court Registry on 29 December 2000, for a preliminary
Landwirtschaftliche Alterskasse Schwaben, on the validity                     ruling in Case C-480/00 Azienda Agricola Ettore Ribaldi v
and interpretation of Articles 13(1) and 14a(2) and on the                    Azienda di Stato per gli Interventi nel Mercato Agricolo
interpretation of Articles 13(2)(b), 14a(3) and 14c of Regu-                  (AIMA), the other party to the proceedings being Caseificio
lation (EEC) No 1408/71 of the Council of 14 June 1971 on                     Nazionale Novarese s.c.a.r.l.; Case C-490/00 Cesare and Miche-
the application of social security schemes to employed persons,               le Filippi s.s. v AIMA and the Ministry of the Treasury,
to self-employed persons and to members of their families                     the Budget and Planning; Case C-491/00 Cooperativa Latte
moving within the Community, in the version thereof amended                   Associati della Lessinia a.r.l. v AIMA and the Ministry of the
and updated by Council Regulation (EC) No 118/97 of                           Treasury, the Budget and Planning on the following questions:
2 December 1996 (OJ 1997 L 28, p. 1), as amended by
Council Regulation (EC) No 307/1999 of 8 February 1999 (OJ
1999 L 38, p. 1) — the Court, composed of: G.C. Rodrı́guez                    (1) May the provisions contained in Articles 1 and 4 of
Iglesias, President, C. Gulmann, A. La Pergola, M. Wathelet                        Council Regulation (EEC) No 3950/92 (1) of 28 December
                                                                                   1992 and Articles 3 and 4 of Commission Regulation
(Rapporteur) and V. Skouris, Presidents of Chambers, D.A.O.
Edward, J.-P. Puissochet, P. Jann, L. Sevón, R. Schintgen and                     (EEC) No 534/93 (2) of 9 March 1993 be interpreted as
F. Macken, Judges; G. Cosmas, Advocate General; R. Grass,                          meaning that it is possible, in cases of administrative or
                                                                                   judicial challenge to the relevant measures, to derogate
Registrar, has made an order on 20 October 2000, the
operative part of which is as follows:                                             from the time-limits prescribed for the allocation of
                                                                                   quotas and the operation of adjustments and levies?
Consideration of the first question referred has not disclosed any
factor of such a kind as to affect the validity of Article 13(1) in           If not:
conjunction with Article 14a(2) of Regulation (EEC) No 1408/71
of the Council of 14 June 1971 on the application of social security          (2) Are the provisions contained in Articles 1 and 4 of
schemes to employed persons, to self-employed persons and to                       Council Regulation (EEC) No 3950/92 of 28 December
members of their families moving within the Community, in the                      1992 and Articles 3 and 4 of Commission Regulation
version thereof amended and updated by Council Regulation (EC)                     (EEC) No 534/93 of 9 March 1993 valid, in the light of
No 118/97 of 2 December 1996, as amended by Council Regulation                     Article 33 (ex 39) of the Treaty, in so far as they do not
(EC) No 307/1999 of 8 February 1999. It follows from those                         provide that derogations may be made from the periods
provisions that a person who simultaneously operates, in a self-                   prescribed by those provisions for the allocation of
employed capacity, an agricultural undertaking in Germany and, in                  individual reference quantities, for adjustments and levies
the same capacity, a hotel in Austria, where he resides, is subject only           in cases of administrative or judicial challenge to those
to the social security legislation of the latter State.                            provisions ?
(1) OJ C 246, 28.8.1999.                                                      (3) May Regulations No 3950/92 and 536/93 be interpreted
                                                                                   as meaning that the application of the system introduced
                                                                                   by that legislation excludes the allocation and official
                                                                                   notification of individual reference quantities for pro-
                                                                                   ducers or does it exclude the official redistribution among
                                                                                   its producers by the Member State of the global quantity
                                                                                   which that State is guaranteed?
                                                                              (4) May Articles 3 and 4 of Regulation (EC) No 3950/92 be
Reference for a preliminary ruling by the Tribunale                                interpreted as meaning that no official notification of
Amministrativo Regionale per il Lazio by judgments of                              individual reference quantities need be given to producers,
that court of 6 July 2000 in Case C-480/00 Azienda                                 or does the allocation of an individual reference quantity
Agricola Ettore Ribaldi v Azienda di Stato per gli                                 exclude individual notification to those producers?
Interventi nel Mercato Agricolo (AIMA), the other party
to the proceedings being Caseificio Nazionale Novarese
s.c.a.r.l.; Case C-490/00 Cesare and Michele Filippi s.s. v                   (5) May Article 2(1) of Regulation (EC) No 3950/92 and
AIMA and the Ministry of the Treasury, the Budget and                              Article 3(3) of Regulation (EC) No 563/93 be interpreted
Planning; Case C-491/00 Cooperativa Latte Associati della                          as leaving the Member States free to determine privileged
Lessinia a.r.l. v AIMA and the Ministry of the Treasury,                           categories of producers who must be compensated in
                      the Budget and Planning                                      priority to others?
            (Cases C-480/00, C-490/00 and C-491/00)
                                                                              (1) OJ L 405, 31.12.1992, p. 1.
                            (2001/C 108/03)                                   (2) OJ L 57, 10.3.1993, p. 12.
References have been made to the Court of Justice of the
European Communities by judgments of 6 July 2000 of the