CELEX: C2005/019/23
Language: en
Date: 2005-01-22 00:00:00
Title: Case C-463/04: Reference for a preliminary ruling by the Tribunale Amministrative Regionale per la Lombardia, Milano, by order of that court of 29 September 2004, in the case of Federconsumatori and Others against Comune di Milano (Municipality of Milan) and Aem Spa

22.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/11
            
         Reference for a preliminary ruling by the Tribunale Amministrative Regionale per la Lombardia, Milano, by order of that court of 29 September 2004, in the case of Federconsumatori and Others against Comune di Milano (Municipality of Milan) and Aem Spa
   (Case C-463/04)
   (2005/C 19/23)
   Language of the case: Italian
   Reference has been made to the Court of Justice of the European Communities by order of the Tribunale Amministrative Regionale per la Lombardia, Milano, Sezione I (Regional Administrative Court for Lombardy, Milan, Division I) (Italy) of 29 September 2004, received at the Court Registry on 2 November 2004, for a preliminary ruling in the case of Federconsumatori and Others against Comune di Milano (Municipality of Milan) and Aem Spa, on the following questions:
   
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               Can Article 2449 of the Civil Code, as applied in the circumstances at issue in this case, be held to be compatible with Article 56 of the EC Treaty as interpreted in the judgments in Cases C-58/99, C-503/99 and C-483/99, C-98/01 and C-463/00, when it is invoked by a public entity which, although it has lost control by operation of law over the company limited by shares, retains a substantial shareholding (33.4 %) as a shareholder holding a relative majority of the shares, thereby obtaining a disproportionate power of control?
            
         
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               Can Article 2449 of the Civil Code, applied in conjunction with Article 4 of Decree-Law No 332 of 31 May 1994 converted into Law No 474 of 30 July 1994, be held to be compatible with Article 56 of the EC Treaty as interpreted in the judgments of the Court of Justice in Cases C-58/99, C-503/99 and C-483/99, C-98/01 and C-463/00, when it is invoked by a public entity which, although it has lost control by operation of law over the company limited by shares, retains a substantial shareholding (33.4 %) as a shareholder holding a relative majority of the shares, and thereby obtaining a disproportionate power of control?
            
         
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               Can Article 2449 of the Civil Code be held to be compatible with Article 56 of the EC Treaty, as interpreted in the judgments of the Court of Justice in Cases C-58/99, C-503/99 and C-483/99, C-98/01 and C-463/00, inasmuch as, when applied in specific cases, it brings about a result that is contrary to another provision of national law (in particular Article 2(1)(d) of Decree-Law No 332 of 31 May 1994, converted into Law No 474 of 30 July 1994) which itself complies with Article 56 of the EC Treaty and consequently reflects, in respect of the conditions on which special powers are exercised and the requirements to which they are subject, the principles established in that connection by the judgments of the Court of Justice cited above?