CELEX: C2004/201/22
Language: en
Date: 2004-08-07 00:00:00
Title: Case C-237/04: Reference for a preliminary ruling by the Tribunale di Cagliari by order of that court of 14 May 2004 in the case of Enirisorse SpA and Sotacarbo SpA

7.8.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 201/12
            
         Reference for a preliminary ruling by the Tribunale di Cagliari by order of that court of 14 May 2004 in the case of Enirisorse SpA and Sotacarbo SpA
   (Case C-237/04)
   (2004/C 201/22)
   Reference has been made to the Court of Justice of the European Communities by order of the Tribunale di Cagliari (Cagliari District Court) of 14 May 2004, received at the Court Registry on 7 June 2004, for a preliminary ruling in the case of Enirisorse SpA and Sotacarbo SpA on the following questions:
   
               (a)
            
            
               Does Article 33 of Law [273/02] implement an incompatible State aid in favour of Sotacarbo SpA., within the meaning of Article 87 of the Treaty and does it do so, moreover, unlawfully in so far as the Commission was not informed of that aid, within the meaning of Article 88(3) EC?
            
         
               (b)
            
            
               Does Article 33 of Law [273/02] conflict with Articles 43, 44, 48 and 49 et seq. EC, concerning freedom of establishment and the free movement of services?