CELEX: C1999/020/25
Language: en
Date: 1999-01-23 00:00:00
Title: Reference for a preliminary ruling by the Court of Appeal (England and Wales) by order of that court of 31 July 1998, in the case of H. J. Banks & Company Ltd against 1. The Coal Authority and 2. Secretary of State for Trade and Industry (Case C-390/98)

C 20/16              EN                   Official Journal of the European Communities                                      23.1.1999
Reference for a preliminary ruling by the Court of Appeal                 Ð the Commission Decision of 21 December 1994
(England and Wales) by order of that court of 31 July                         authorising the acquisition of Central and
1998, in the case of H. J. Banks & Company Ltd against                        Northern Mining Limited by RJB Mining plc.,
1. The Coal Authority and 2. Secretary of State for Trade
                         and Industry
                                                                          Ð the communications sent by DGXVII of the
                      (Case C-390/98)                                         Commission to NALOO dated 4 May and 13 July
                                                                              1995?
                       (1999/C 20/25)
                                                                     4. As a matter of Community law, does the fact that
                                                                          Banks or NALOO did not:
Reference has been made to the Court of Justice of the
European Communities by an order of the Court of
Appeal (England and Wales) of 31 July 1998, which was                     a) challenge, under Article 33 of the ECSC Treaty,
received at the Court Registry on 3 November 1998, for a                      Commission Decision 94/995/ECSC or the
preliminary ruling in the case of H. J. Banks & Company                       Commission Decision of 21 December 1994
Ltd against 1. The Coal Authority and 2. Secretary of                         authorising the acquisition of Central and
State for Trade and Industry, on the following questions:                     Northern Mining Limited by RJB Mining plc or
                                                                              the letters sent to DGXVII of the Commission to
                                                                              NALOO dated 4 May and 14 July 1995; and/or
1. Is the difference of treatment referred to in the
    judgments of the Court of Appeal capable of                           b) invoke the procedure provided for in Article 35 of
    constituting:                                                             the ECSC Treaty in order to require the
                                                                              Commission to deal with the issues now raised in
                                                                              the proceedings before the national court
    Ð discrimination       between      producers'     within
        Article 4(b) of the ECSC Treaty;
                                                                          preclude Banks from raising alleged breaches of
                                                                          Article 4(b) or 4(c) of the ECSC Treaty, or of
                                                                          Commission        Decision      No     3632/93/ECSC        in
    Ð a special charge' within Article 4(c) of the same                  proceedings in the national courts?
        Treaty; and/or
                                                                     (1) Commission Decision No 3632/93/ECSC of 28 December
                                                                         1993 establishing Community rules for State aid to the coal
    Ð aid' within Article 4(c) of the same Treaty or                    industry (OJ L 329, 30.12.1993, p. 12).
        within Article 1 of Commission Decision                      (2) Commission Decision 94/995/ECSC of 3 November 1994
        No 3632/93/ECSC (1)                                              ruling on financial measures by the United Kingdom in respect
                                                                         of the coal industry in the 1994/95 and 1995/96 financial year
                                                                         (OJ L 379, 31.12.1994, p. 6).
2. Do paragraphs (b) or (c) of Article 4 of the ECSC
    Treaty or paragraphs (1) or (4) of Article 9 of
    Commission Decision No 3632/93/ECSC produce
    direct effects and confer on private undertakings the
    right, enforceable in national courts, to defend a claim
    for mining royalties made by a public body and to
                                                                     Reference for a preliminary ruling by the Tribunale di
    claim restitution of royalties paid to it, in particular in
                                                                     Cagliari, by order of that court of 23 March 1998 in the
    the absence of a Commission Decision made pursuant
                                                                     case of Azienda Agricola Monte Arcosu Srl against
    to Article 67 or Article 88 of the ECSC Treaty or
                                                                     Regione       Autonoma         della   Sardegna,     Organismo
    Commission Decision No 3632/93/ECSC or otherwise
                                                                     Comprensoriale No 24 della Sardegna and ERSAT Ð Ente
    to the effect that the matters alleged constitute
                                                                           Regionale per l'Assistenza Tecnica in Agricoltura
    discrimination', a special charge' or aid'?
                                                                                              (Case C-403/98)
                                                                                               (1999/C 20/26)
3. If so, may a national court determine that there is
    discrimination' within the meaning of paragraph (b)
    of Article 4 of the ECSC Treaty or a special charge'            Reference has been made to the Court of Justice of the
    within the meaning of paragraph (c) thereof or aid'             European Communities by order of the Tribunale di
    within the meaning of paragraph (c) thereof or of                Cagliari of 23 March 1998, received at the Court Registry
    Article 1 of Commission Decision No 3632/93/ECSC                 on 13 November 1998, for a preliminary ruling on the
    notwithstanding:                                                 interpretation of Article 2(5) of Council Regulation (EEC)
                                                                     No 797/85 (1) of 12 March 1985 and Article 5(5) of
                                                                     subsequent Council Regulation (EEC) No 2328/91 (2) of
    Ð Commission Decision 94/995/ECSC (2);                           15 July 1991 in the case of Azienda Agricola Monte