CELEX: C1998/397/31
Language: en
Date: 1998-12-19 00:00:00
Title: Reference for a preliminary ruling by the High Court of Justice (England and Wales), Queen's Bench Division, by order of that court of 21 July 1998, in the case of The Queen against Secretary of State for the Environment, Transport and the Regions, ex parte: First Corporate Shipping Ltd (Case C-371/98)

19.12.98              EN               Official Journal of the European Communities                                   C 397/19
(5) Is the prohibition on discrimination, whether overt or        on 16 October 1998, for a preliminary ruling in the case
     covert, contained in Article 9 of the EEC-Turkey             of The Queen against Minsitry of Agriculture, Fisheries
     Agreement, and/or Article 12 of the EEC-Turkey               and Food, ex parte: J. H. Cooke and Sons (a firm), on the
     Agreement and/or Article 37 of the Additional                following question:
     Protocol to be interpreted as precluding a Member
     State from applying its immigration rules in a way
     that grants a Turkish national temporary, rather than        Is the expression an area which has been cultivated in the
     permanent, permission to engage in employment?               previous year with a view to a harvest' in Article 2 of
                                                                  Commission Regulation (EC) No 762/94 (1) of 6 April
                                                                  1994, laying down detailed rules for the application of
                                                                  Council Regulation (EEC) No 1765/92 (2) with regard to
                                                                  the set-aside scheme, to be interpreted as including land
                                                                  which has been in grass in the previous year, where the
                                                                  grass has been cut and used for silage?
Reference for a preliminary ruling by the High Court of
Justice (England and Wales), Queen's Bench Division, by
                                                                  (1) OJ L 90, 7.4.1994, p. 8.
order of that court of 21 July 1998, in the case of The
                                                                  (2) OJ L 181, 1.7.1992, p. 12.
Queen against Secretary of State for the Environment,
Transport and the Regions, ex parte: First Corporate
                         Shipping Ltd
                       (Case C-371/98)
                        (98/C 397/31)
                                                                  Reference for a preliminary ruling by the Landgericht Kiel
Reference has been made to the Court of Justice of the            by order of that court of 13 October 1998 in the case of
European Communities by an order of the High Court of             PreussenElektra Aktiengesellschaft against Schleswag
Justice (England and Wales), Queen's Bench Division, of                                  Aktiengesellschaft
21 July 1998, which was received at the Court Registry on                                (Case C-379/98)
16 October 1998, for a preliminary ruling in the case of
The Queen against Secretary of State for the Environment,                                  (98/C 397/33)
Transport and the Regions, ex parte: First Corporate
Shipping Ltd, on the following question:
                                                                  Reference has been made to the Court of Justice of the
                                                                  European Communities by order of the Second
Is a Member State entitled or obliged to take account of          Commercial Chamber of the Landgericht Kiel (Regional
the considerations laid down in Article 2(3) and Council          Court, Kiel) of 13 October 1998, received at the Court
Directive 92/43/EEC (1) on the conservation of natural            Registry on 23 October 1998, for a preliminary ruling in
habitats and of wild fauna and flora, namely, economic,           the case of PreussenElektra Aktiengesellschaft against
social and cultural requirements and regional and local           Schleswag Aktiengesellschaft on the following questions:
characteristics, when deciding which sites to propose to
the Commission pursuant to Article 4(1) of that Directive
and/or defining the boundaries of such sites?
                                                                  (a) Do the rules on payment and compensation for
                                                                       supplies of electricity, laid down in Paragraph 2 or 3
(1) OJ L 206, 22.7.1992, p. 7.                                         or 4 or in Paragraphs 2 to 4 of the Law governing the
                                                                       supply of electricity from renewable energy sources
                                                                       over the public grid (Law on the supply of electricity)
                                                                       of 7 December 1990 (BGBl I, at p. 26 to 33), in the
                                                                       version set out in Article 3(2) of the Law reforming
                                                                       the law governing the energy supply industry of
                                                                       24 April 1998 (BGBl I, p. 730 (p. 734 to 736)),
Reference for a preliminary ruling by the High Court of                constitute State aid for the purposes of Article 92 of
Justice (England and Wales), Queen's Bench Division, by                the EC Treaty?
order of that court, of 25 August 1998, in the case of
The Queen against Ministry of Agriculture, Fisheries and
       Food, ex parte: J. H. Cooke and Sons (a firm)                   Is Article 92 of the EC Treaty to be interpreted as
                       (Case C-372/98)                                 meaning that the underlying concept of aid also
                                                                       covers national rules for the benefit of the recipient of
                        (98/C 397/32)                                  the payment, under which the costs entailed are not
                                                                       met, either directly or indirectly, from the public
                                                                       budget but are borne by individual undertakings in a
Reference has been made to the Court of Justice of the                 sector, which have a statutory obligation to purchase
European Communities by an order of the High Court of                  at fixed minimum prices, and which are precluded by
Justice (England and Wales), Queen's Bench Division, of                law and circumstance from passing those costs on to
25 August 1998, which was received at the Court Registry               the final consumer?