CELEX: C2002/144/29
Language: en
Date: 2002-06-15 00:00:00
Title: Case C-118/02: Reference for a preliminary ruling by the Tribunal Supremo, Sala de lo Contencioso-administrativo, Sección: Cuarta by order of that Court of 6 February 2002 in the case of Industrias de Deshidratación Agrícola, S.A. against Administración del Estado

C 144/18              EN                   Official Journal of the European Communities                                   15.6.2002
4.   Do the legal consequences provided for by Italian Law                 with a moisture content of over 30 % and an average
     No 89 of 24 March 2001 justify the application of                     moisture content, on entry to the processing undertaking,
     Article 21 of the Brussels Convention even if a party is at           of at least 35 % measured at most every ten days
     risk of detriment as a consequence of the possible                    compatible with Article 249(2) EC, Article 10 EC,
     excessive length of proceedings before the Italian court              Article 34.2(2) EC, Council Regulation (EC) No 603/95
     and therefore, as suggested in Question 3, it would not               of 21 February 1995 and Commission Regulation (EC)
     actually be appropriate to proceed in accordance with                 No 785/95 of 6 April 1995.
     Article 21?
                                                                      3.   Is a national provision which makes the grant of aid for
5.   Under what conditions must the court other than the                   the drying of green or fresh fodder subject to the
     court first seised refrain from applying Article 21 of the            condition that the fodder must be kept at the processing
     Brussels Convention?                                                  plant for a maximum of 24 hours before it is processed
                                                                           compatible with Article 249(2) EC, Article 10 EC,
6.   What course of action must the court follow if, in the                Article 34.2(2) EC, Council Regulation (EC) No 603/95
     circumstances described in Question 3, it is not allowed              of 21 February 1995 and Commission Regulation (EC)
     to apply Article 21 of the Brussels Convention?                       No 785/95 of 6 April 1995?
Should it be necessary in any event, even in the circumstances        4.   Is a national provision which makes the grant of aid for
described in Question 3, to proceed in accordance with                     the drying of green or fresh fodder subject to the
Article 21 of the Brussels Convention, there is no need to                 condition that the fodder must come from parcels situated
answer Questions 4, 5 and 6.                                               at a maximum distance of 100 kilometres from the
                                                                           corresponding processing plant unless, in the latter case,
                                                                           a greater distance may be justified by the use of the
                                                                           appropriate specialised transport compatible with
                                                                           Article 249(2) EC, Article 10 EC, Article 34.2(2) EC,
                                                                           Council Regulation (EC) No 603/95 of 21 February 1995
                                                                           and Commission Regulation (EC) No 785/95 of 6 April
                                                                           1995?
Reference for a preliminary ruling by the Tribunal Supre-
mo, Sala de lo Contencioso-administrativo, Sección: Cuar-
ta by order of that Court of 6 February 2002 in the case              (1) OJ L 063 of 21.3.1995, p. 1.
of Industrias de Deshidratación Agrı́cola, S.A. against              (2) OJ L 079 of 7.4.1995, p. 5.
                  Administración del Estado
                        (Case C-118/02)
                        (2002/C 144/29)
                                                                      Action brought on 5 April 2002 by European Parliament
                                                                             against Royal & Sun Alliance Insurance (RSA)
Reference has been made to the Court of Justice of the
European Communities by order of the Tribunal Supremo, Sala
de lo Contencioso-administrativo, Sección: Cuarta (Supreme                                   (Case C-123/02)
Court — Chamber for contentious administrative matters,
Fourth Chamber) of 6 February 2002, received at the Court                                     (2002/C 144/30)
Registry on 29 March 2002, for a preliminary ruling in the
case of Industrias de Deshidratación Agrı́cola, S.A. against
Administración del Estado on the following questions:
                                                                      An action against Royal & Sun Alliance Insurance (RSA)
1.   Is a national provision which makes the grant of aid for
                                                                      was brought before the Court of Justice of the European
     the drying of green or fresh fodder subject to the
                                                                      Communities on 5 April 2002 by the European Parliament,
     condition that the fodder for drying is delivered to
                                                                      represented by D. Petersheim, O. Caisou-Rousseau and
     processing undertakings chopped, and not baled compat-
                                                                      M. Ecker, acting as Agents, with an address for service in
     ible with Article 249(2) EC, Article 10 EC, the second
                                                                      Luxembourg.
     subparagraph of Article 34(2) EC, Council Regulation
     (EC) No 603/95 (1) of 21 February 1995 and Commission
     Regulation (EC) No 785/95 (2) of 6 April 1995?
                                                                      The applicant claims that the Court should:
2.   Is a national provision which makes the grant of aid for
     the drying of green or fresh fodder subject to the               1.   declare null and void the terminations of guarantee
     condition that the fodder must reach the processing plant             notified by RSA on 9 October and 6 November 2001;