CELEX: C1996/197/28
Language: en
Date: 1996-07-06 00:00:00
Title: Reference for a preliminary ruling by the Consiglio di Stato by order of that court of 9 January 1996 in the case of Regione Piemonte v. Sai Agricola SpA (Case C-164/96)

No C 197/ 14             EN                    Official Journal of the European Communities                                       6 . 7. 96
2. If not, what are the consequences of invalidity for the                      terminal operator) gives rise to arrangements in the
      charging of customs duty in early May 1992 on wines                       market whereby users may have contractual
      originating in Serbia which were imported in the period                   relationships only with the terminal operator for the
      from mid-November 1991 to April 1992 and cleared for                      whole range of services which they need when visiting a
      warehousing in a customs warehouse ?                                      port in which the terminal operator or operators hold a
                                                                                dominant position in the market within the meaning of
      Are the quota-related preferential customs duties                         Article 86 of the Treaty ?
      granted in 1992 for wines from the territory of the
      former Yugoslavia other than Serbia applicable in that              3 . Do Articles 59 and 90 of the EC Treaty, in conjunction
      respect ?                                                                 with Article 86, in any event preclude national
                                                                                legislation which only allows an undertaking operating
                                                                                in a port to provide to other undertaking operating in
( ] ) OJ No L 315 , 15 . 11 . 1991 , p . 1 .
                                                                                the port, and in particular terminal operators, services
                                                                                limited to the mere supply of labour ?
Reference for a preliminary ruling by the Pretura
Circondariale di la Spezia by order of that court of 12 April             Reference for a preliminary ruling by the Consiglio di Stato
1996 in the criminal proceedings pending before it against                by order of that court of 9 January 1996 in the case of
                      Silvano Raso and Others                                          Regione Piemonte v. Sai Agricola SpA
                           ( Case C-163/96 )                                                         (Case C-164/96)
                             ( 96/C 197/27 )                                                           ( 96/C 197/28 )
Reference has been made to the Court of Justice of the                    Reference has been made to the Court of Justice of the
European Communities by an order of the Pretura                           European Communities by an order of the Consiglio di
Circondariale di la Spezia ( Magistrates' Court for the                   Stato ( Council of State ), of 9 January 1996, which was
District of La Spezia ) of 12 April 1996 , which was received             received at the Court Registry on 13 May 1996, for a
at the Court Registry on 13 May 1996, for a preliminary                   preliminary ruling in the case of Regione Piemonte v. Sai
ruling in the criminal proceedings pending before that court              Agricola SpA on the following question:
against Silvano Raso and Others on the following
questions :                                                               Whether, under Council Directive 72/159/EEC ( 1 ) and the
                                                                          subsequent Council Regulation No 797/85 (2 ) and having
1 . Does Article 5 9 of the Treaty preclude Italian legislation           regard to the aim of developing a common agricultural
      which prohibits an undertaking holding a port terminal              policy within a system free of discrimination between
      concession from having recourse to work done by other               farmers, there is room for the national or regional legislator
      undertakings — not set up by former port companies                  to provide for different treatment of individual farmers,
      and groups — comprising the supply of services of the               even if only in relation to the introduction of a special system
      kind provided for users including those belonging to                of identification based on a specific register set up solely for
      other Member States, with the further implication that,             that purpose ?
      as a result of the Italian legislation, the terminal operator
      itself is required to make available the whole range of             (*) OJ No English Special Edition 1972 (II), p. 324 .
      services that might be required by users in the port                ( 2 ) OJ No L 93 , 30 . 3 . 1985 , p. 1 .
      terminal, giving rise to the risk of hampering access to
      the market for the provision of individual services by
      undertakings authorized to operate in the port other
      than those referred to by Article 21 ( 1 ) ( b) of Law
      No 84/94 ?
2. Does Article 90 ( 1 ) of the EC Treaty, in conjunction with
      Article 86 , preclude national legislation which (by                Reference for a preliminary ruling by the Royal Court of
      reason of its effects on the market, namely, first, the fact        Jersey, by order of that court of 1 1 April 1996, in the case of
      that it prevents undertakings other than the terminal —             Rui Alberto Pereira Roque against His Excellency the
      not set up by former port companies and groups — from                                Lieutenant Governor of Jersey
      providing services within the confines of the port for                                         (Case C-171/96)
      would-be users; secondly, the fact that the terminal                                             ( 96/C 197/29 )
      operator is obliged to provide all port operations and
      services required at the terminal; and, thirdly, the fact
      that it is impossible for users to entrust certain services         Reference has been made to the Court of Justice of the
      to undertakings of their oWn choice other than the                  European Communities by an order of the Royal Court of