CELEX: C2001/275/20
Language: en
Date: 2001-09-29 00:00:00
Title: Case C-312/01: Action brought on 7 August 2001 by the Commission of the European Communities against the Hellenic Republic

29.9.2001             EN                    Official Journal of the European Communities                                      C 275/9
Reference for a preliminary ruling by the Consiglio di                 that (according to the interpretation which has been given
Stato by order of that court of 12 June 2001 in the case               thereto in the present case) would mean that a ‘best before’
of Albacom S.p.A. against Ministero del Tesoro, del                    date of four days after preparation would apply to milk
        Bilancio e della Programmazione economica                      pasteurised at high temperature (a type of milk contemplated
                                                                       and governed solely by Directive 46/92/EEC and Decree
                        (Case C-292/01)                                54/97/EEC).
                        (2001/C 275/18)                                (1) OJ L 268, 14.9.1992, p. 1.
                                                                       (2) OJ L 186, 30.6.1989, p. 17.
Reference has been made to the Court of Justice of the                 (3) OJ L 186, 30.6.1989, p. 21.
European Communities by order of the Consiglio di Stato
(Council of State) of 12 June 2001, received at the Court
Registry on 23 July 2001, in the case of Albacom S.p.A. against
Ministero del Tesoro, del Bilancio e della Programmazione
economica on the following question:
                                                                       Action brought on 7 August 2001 by the Commission of
                                                                       the European Communities against the Hellenic Republic
May Directive 97/13/EC (1) permit Member States to require
undertakings holding a licence or authorisation to carry on                                      (Case C-312/01)
telecommunications activities to make financial payments,
whatever they may be called, other than and in addition to                                       (2001/C 275/20)
those allowed by the Directive?
                                                                       An action against the Hellenic Republic was brought before
(1) OJ L 117, 7.5.1997, p. 15.                                         the Court of Justice of the European Communities on 7 August
                                                                       2001 by the Commission of the European Communities,
                                                                       represented by Elsa Christina Tufvesson, Commission Legal
                                                                       Adviser, and Maria Patakia, of its Legal Service.
                                                                       The Commission claims that the Court should:
Reference for a preliminary ruling by the Tribunale Civile
di Bologna by order of that court of 24 May 2001 in the                —     declare that, by failing to adopt and to notify to the
     case of Granarolo SpA against Comune di Bologna                         Commission, within the time-limit laid down, the laws,
                                                                             regulations and administrative provisions necessary to
                        (Case C-294/01)                                      comply fully with Directive 98/78/EC of the European
                                                                             Parliament and of the Council of 27 October 1998 (1) on
                        (2001/C 275/19)                                      the supplementary supervision of insurance undertakings
                                                                             in an insurance group, the Hellenic Republic has failed to
Reference has been made to the Court of Justice of the                       fulfil its obligations under the EC Treaty;
European Communities by order of the Tribunale Civile di
                                                                       —     order the Hellenic Republic to pay the costs.
Bologna (District Civil Court, Bologna) of 24 May 2001,
received at the Court Registry on 23 July 2001, for a
preliminary ruling in the case of Granarolo SpA against
Comune di Bologna on the following question:                           Pleas in law and main arguments
May application of the combined provisions of Council                  The Member States are required by the binding character of
Directive 92/46/EEC of 16 June 1992 laying down the health             the third paragraph of Article 249 EC and Article 10 EC (ex
rules for the production and placing on the market of raw milk,        Articles 189 and 5 of the EC Treaty) to adopt the measures
heat-treated milk and milk-based products (1) (implemented in          needed to transpose directives into national law before the
Italy by Presidential Decree No 54 of 14 January 1997) and             expiry of the time-limit laid down for that purpose and to
Directives 89/395/EEC (2) and 89/396/EEC (3), which concern            communicate those measures immediately to the Commission.
the labelling, presentation and advertising of foodstuffs              That time-limit expired on 5 June 2000 without the Hellenic
(implemented in Italy by Legislative Decree No 109 of                  Republic having notified to the Commission the provisions
27 January 1992) be limited by the content of a piece of               transposing the directive in question into national law.
national legislation (in particular Article 5(3), in relation to
Article 3, of Law No 169 of 3 May 1989). If it is so limited,          (1) OJ L 330, 5.12.1998, p. 1.