CELEX: C2004/085/25
Language: en
Date: 2004-04-03 00:00:00
Title: Case C-40/04: Reference for a preliminary ruling by the Korkein oikeus (Finland) by order of that Court of 30 January 2004 in the case of Syuichi Yonemoto against Virallinen syyttäjä (Public Prosecutor) and Raine Pentti Pöyry

3.4.2004              EN                        Official Journal of the European Union                                                C 85/15
Reference for a preliminary ruling by the Dioikitiko                    Italian pro rata pension must be the unaugmented notional
Protodikeio Athens by order of that Court of 30 Septem-                 pension (non-supplemented theoretical amount) where the
ber 2003 in the case of Sphakianakis AEBE against                       pensioner’s income exceeds the limits laid down by Italian law
                       Hellenic Republic                                for entitlement to the supplement to bring the pension up to
                                                                        the statutory minimum amount?
                         (Case C-25/04)
                                                                        (1) English special edition: Series I Chapter 1971(II) P. 0416.
                         (2004/C 85/23)
Reference has been made to the Court of Justice of the
European Communities by order of the Dioikitiko Protodikeio
Athens (Administrative Court of First Instance) of 30 Septem-
ber 2003, received at the Court Registry on 26 January 2004,
                                                                        Reference for a preliminary ruling by the Korkein oikeus
for a preliminary ruling in the case of Sphakianakis AEBE
                                                                        (Finland) by order of that Court of 30 January 2004 in the
against Hellenic Republic on the following questions:
                                                                        case of Syuichi Yonemoto against Virallinen syyttäjä
                                                                                  (Public Prosecutor) and Raine Pentti Pöyry
The questions in this case are identical to those in Case C-23/
04.                                                                                                (Case C-40/04)
                                                                                                   (2004/C 85/25)
                                                                        Reference has been made to the Court of Justice of the
Reference for a preliminary ruling by the Tribunale di                  European Communities by order of the Korkein oikeus
Bolzano by order of that Court of 9 January 2004 in the                 (Finland) (Supreme Court) of 30 January 2004, received at the
case of Koschitzki Ursel against Istituto Nazionale della               Court Registry on 3 February 2004, for a preliminary ruling in
                  Previdenza Sociale (INPS)                             the case of Syuichi Yonemoto against Virallinen syyttäjä (Public
                                                                        Prosecutor) and Raine Pentti Pöyry on the following questions:
                         (Case C-30/04)
                                                                        (1) What sort of limits does Community law, having regard
                                                                              in particular to Council Directive 98/37/EC (1) and
                         (2004/C 85/24)                                       Articles 28 EC and 30 EC, lay down for the obligations
                                                                              which may be imposed in national law on the importer
                                                                              (or other distributor) of a machine bearing the CE
                                                                              marking in relation to the characteristics of the machine
                                                                              which concern safety
Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Bolzano
of 9 January 2004, received at the Court Registry on 28 January               —     before the onward sale of the machine and
2004, for a preliminary ruling in the case of Koschitzki Ursel
against Istituto Nazionale della Previdenza Sociale (INPS) on                 —     afterwards?
the following question:
                                                                        (2) Clarification is hoped for in particular as to:
In the light of Article 42 of the EC Treaty (as amended by the
Treaties of Amsterdam and of Nice), which requires the                        (a)   the extent to which and the conditions under which
adoption of appropriate measures in the field of social security                    the obligations of action or supervision in relation
for the implementation of the free movement of workers, can                         to the safety of the machine imposed on the
Article 46(2)(b) of Regulation No 1408/71 (1) be interpreted                        importer (or other distributor) of a machine bearing
as meaning that the basis of calculation of the Italian pro rata                    the CE marking may be regarded as permitted from
pension must always be the notional pension, supplemented                           the point of view of Community law;
to bring it up to the statutory minimum pension, even if the
income limits laid down by Italian law for bringing the pension               (b) whether and in what way the assessment in relation
up to the statutory minimum have been exceeded (Article 6 of                        to Community law of the obligations imposed on
Law No 638/83, amended by Article 4 of Legislative Decree                           the importer (or other distributor) depends on what
No 503/92), or, on the other hand, must Article 46(2)(b) be                         sort of defects relating to the safety of the machine
interpreted as meaning that the basis of calculation of the                         are concerned;
 ---pagebreak--- C 85/16                 EN                          Official Journal of the European Union                                         3.4.2004
      (c)   whether, and if so to what extent, the provisions of            (Federal Finance Court) of 27 November 2003, received at the
            § 40 of the Työturvallisuuslaki mentioned in point              Court Registry on 4 February 2004, for a preliminary ruling in
            10 above conflict with Community law, having                    the case of Finanzamt Arnsberg against Stadt Sundern on the
            regard to the consequences as regards criminal law              following questions:
            and the law on compensation, described in points 12
            to 15 above, which derive from failure to comply                1.    May or must the Member States which have incorporated
            with them.                                                            into their domestic law the common flat-rate scheme for
                                                                                  farmers provided for in Article 25 of Directive 77/388/
(1) Directive 98/37/EC of the European Parliament and of the Council
                                                                                  EEC (1) ultimately exempt flat-rate farmers from payment
    of 22 June 1998 on the approximation of the laws of the Member                of turnover tax?
    States relating to machinery (OJ L 207 of 23.7.1998, p. 1).
                                                                            2.    If Question 1 is answered in the affirmative: Is that the
                                                                                  case only for supplies of agricultural products and for
                                                                                  agricultural services or also for other transactions of a
                                                                                  flat-rate farmer, or are the other transactions subject to
                                                                                  the general scheme under Directive 77/388/EEC?
Reference for a preliminary ruling by the College van                             What are the consequences for the grant of a hunting
beroep voor het bedrijfsleven by order of that Court of                           licence by a flat-rate farmer?
23 January 2004 in the case of Maatschap J.B. en R.A.M.
Elshof against the Minister for Agriculture, Nature and
                            Food Quality                                    (1) OJ L 145, p. 1.
                           (Case C-42/04)
                          (2004/C 85/26)
Reference has been made to the Court of Justice of the                      Reference for a preliminary ruling by the Tribunale di
European Communities by order of the College van beroep                     Gorizia by order of that Court of 18 December 2003,
voor het bedrijfsleven of 23 January 2004, received at the                  nos. 1259/2003 and 1260/2003, in the proceedings pend-
Court Registry on 3 February 2004, for a preliminary ruling in              ing between Azienda Agricola Bogar Roberto & Andrea
the case of Maatschap J.B. en R.A.M. Elshof against the Minister                                        and AGEA
for Agriculture, Nature and Food Quality on the following
question:
                                                                                               (Case C-44/04 and C-45/04)
Does the term ‘batch’ in Article 4(3) of Regulation (EC) No
1046/2001 (1) have the same meaning as the term ‘load’ in                                             (2004/C 85/28)
point 1 of Annex II to that regulation or must the term ‘batch’
be taken to mean all the animals which are delivered for
rendering by a holding on one day or pursuant to one decision
to purchase?                                                                Reference has been made to the Court of Justice of the
                                                                            European Communities by order of the Tribunale di Gorizia
                                                                            (Italy) of 18 December 2003, received at the Court Registry on
(1) OJ L 145 of 31 May 2001, p. 31.
                                                                            4 February 2004, for a preliminary ruling in the proceedings
                                                                            pending between Azienda Agricola Bogar Roberto & Andrea
                                                                            and AGEA on the following questions:
                                                                            Must Article 1 of Regulation (EEC) No 856/84 (1) of 31 March
Reference for a preliminary ruling by the Bundesfinanz-                     1984 and Articles 1 to 4 of Regulation No 3950/92 (2) of
hof by order of that Court of 27 November 2003 in the                       28 December 1992 be interpreted as meaning that the
     case of Finanzamt Arnsberg against Stadt Sundern                       additional levy on milk and milk products is in the nature of
                                                                            an administrative penalty with the result that producers are
                                                                            liable to pay it only where quantities allocated have been
                           (Case C-43/04)                                   exceeded by them intentionally or as a result of negligence?
                          (2004/C 85/27)
                                                                            (1) OJ L 90 of 1.4.1984, p. 10.
                                                                            (2) OJ L 405 of 31.12.1992, p. 1.
Reference has been made to the Court of Justice of the
European Communities by order of the Bundesfinanzhof