CELEX: C1999/246/24
Language: en
Date: 1999-08-28 00:00:00
Title: Case C-223/99: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale per la Lombardia - 3rd Section - by order of that court of 26 November 1998 in the case of Agorà s.r.l against Ente Autonomo Fiera Internazionale di Milano

C 246/12                EN                      Official Journal of the European Communities                                    28.8.1999
retroactively lays down the single charge of ITL 500 000 for               Reference for a preliminary ruling by the Tribunale
registration of the instrument constituting a company and                  Amministrativo Regionale per la Lombardia — 3rd Sec-
various flat-rate charges for the registration of other company            tion — by order of that court of 26 November 1998 in
documents (varying from ITL 750 000 to ITL 90 000                          the case of Agorà s.r.l against Ente Autonomo Fiera
depending on the kind of company) be considered compatible                                    Internazionale di Milano
with the principles of Community law and with the interpret-
ation of the said directive given by the Court of Justice in its
judgment in Joined Cases C-71/91 and C-178/91?                                                      (Case C-223/99)
                                                                                                   (1999/C 246/24)
The foregoing question is asked in the light of the fact that the          Reference has been made to the Court of Justice of the
abovementioned provision (Article 11 of Law No 448 of                      European Communities by order of the Tribunale Amministra-
1998), although, because the amounts concerned are objec-                  tivo Regionale per la Lombardia (Lombardy Regional Adminis-
tively modest and the reference ex novo to the registration of             trative Court) — 3rd Section — of 26 November 1998,
company documents was, it seems, intended to refer to flat-rate            received at the Court Registry on 10 June 1999, for a
figures apparently commensurate with the cost of the service               preliminary ruling in the case of Agorà s.r.l v Ente Autonomo
(being duties paid by way of fees or dues: Article 12(1)(e) of             Fiera Internazionale di Milano on the following question:
Directive 335/69), was in fact adopted without any previous
determination or calculation of the costs of the service rendered
to the companies (costs which are easily determinable, because             May the definition of a body governed by public law contained
they relate to past years, on the basis of the number and                  in Article 1(b) of Council Directive 92/50/EEC (1) of 18 June
qualification of the officials, the time they take and the various         1992 relating to the coordination of procedures for the award
material costs necessary for carrying out the transaction),                of public service contracts be deemed applicable to the Ente
without there being any significant link between the amounts               Autonomo Fiera Internazionale di Milano?
levied and the service actually received by the companies
which had in fact paid a charge for registration and for annual
renewal thereof and not for the registration of company                    (1) OJ L 209, 24.7.1992, p. 1.
documents on a flat-rate basis).
Regardless of whether the amounts levied by the Italian State
under Article 11(1) of Law No 448 of 1998 rank as duties
paid by way of fees or dues, is the legally prescribed interest
payable by the State — in addition to the reimbursements to                Reference for a preliminary ruling by the Centrale Raad
the companies — with effect, as specifically indicated in Article          van Beroep by order of 24 March 1999 in the case of
11(3), from the date of submission of the application for                             Soziale Verzekeringsbank v Y. Moughit
reimbursement and at an annual rate of 2.5%, which is lower
than the annual rates laid down generally for tax paid but not
                                                                                                    (Case C-225/99)
due by Articles 1 and 5 of Law No 29 of 19 January 1961
(and successive provisions) or, for other sums paid but not
due, by Article 2033 of the Civil Code, compatible with the                                        (1999/C 246/25)
principle of equivalence between the two systems (domestic
and Community) of law as regards the protection of individ-
uals’ rights and/or with the principle of effective exercise of            Reference has been made to the Court of Justice of the
the rights conferred by Community law — both principles                    European Communities by order of 24 March 1999 from the
having been upheld repeatedly by the Court of Justice in its               Centrale Raad van Beroep (Higher Social Security Court),
judgments of 15 September 1998 in Case C-260/96 Spac,                      which was received at the Court Registry on 11 June 1999, for
Case C-231/96 Edis and Joined Cases C-279/96, C-280/96                     a preliminary ruling in the case of Soziale Verzekeringsbank v
and C-281/96(3) Ansaldo?                                                   Y. Moughit on the following question:
                                                                           Must ‘members of [Moroccan workers’] families’ within the
                                                                           meaning of Article 41(1) of the Cooperation Agreement of 27
                                                                           April 1976 between the EC and Morocco (1) be understood as
(1) OJ, English special edition 1969(II), p. 412.                          including the single mother of a Moroccan worker who joined
(2) (1993) ECR I-1915.                                                     him for the purpose of residing with him after he had, as an
(3) (1998) ECR I-5025.                                                     adult, established himself in the territory of a Community
                                                                           Member State?
                                                                           (1) Council Regulation (EEC) No 2211/78 of 26.9.1978, OJ 1978 L
                                                                               264, p. 1.