CELEX: C2001/275/11
Language: en
Date: 2001-09-29 00:00:00
Title: Case C-271/01: Reference for a preliminary ruling by the Consiglio di Stato, Sixth Section, by order of that court of 8 May 2001, in the case of Ministero delle Politiche Agricole e Forestali against CO.P.P.I., Società Concentrati Bevibili Sicilia (CBS) and Impianti Brevetti Servizi (IBIESSE)

C 275/6               EN                    Official Journal of the European Communities                                      29.9.2001
      Lawyers who are nationals of other EC Member States              No 729/70 (2) and Article 23 of Regulation No 4523/88 (3),
      and who work in Italy are also required under Article 13         under which the Member State can and must take the measures
      of the Law of 9 February 1982 to comply with the tariff          necessary to prevent and take action against irregularities and
      for legal fees and thus also with the rule prohibiting           recover amounts lost as a result of an irregularity or negligence,
      differentiation of amounts below a specified minimum             applicable in this context as well?
      level.
(2) Are Articles 633(1)(2) and 636(1) of the Italian Code of           (1) OJ 1997 L 53 p. 30.
      Civil Procedure, under which a lawyer is authorised to           (2) OJ 1970 L 94 p. 13.
      have his fees determined by the Council of the order to          (3) OJ 1988 L 374 p. 1.
      which he belongs through the adoption of an opinion
      binding on his client and on the court (in enforcement
      proceedings), allowing him to obtain entitlement based
      on that unilateral determination of the professional
      fee pursuant to the abovementioned minimum tariffs,
      contrary to free competition on the ground that they
      prevent the free fixing of fees for a lawyer’s services, as
      provided for under Article 81(1)(a) EC, by reserving such
      determination to a body consisting exclusively of lawyers?
                                                                       Reference for a preliminary ruling by the Amtsgericht
                                                                       Schleswig by order of 5 July 2001 in proceedings involv-
                                                                       ing the imposition of a fine on Joachim Christian Kurt
                                                                                                    Steffensen
                                                                                                 (Case C-276/01)
Reference for a preliminary ruling by the Consiglio di                                           (2001/C 275/12)
Stato, Sixth Section, by order of that court of 8 May 2001,
in the case of Ministero delle Politiche Agricole e Forestali          Reference has been made to the Court of Justice of the
against CO.P.P.I., Società Concentrati Bevibili Sicilia (CBS)          European Communities by order of 5 July 2001 by the
           and Impianti Brevetti Servizi (IBIESSE)                     Amtsgericht Schleswig (Local Court, Schleswig), which was
                                                                       received at the Court Registry on 13 July 2001, for a
                                                                       preliminary ruling, in proceedings involving the imposition of
                        (Case C-271/01)                                a fine on Joachim Christian Kurt Steffensen, on the following
                                                                       questions:
                        (2001/C 275/11)
                                                                       1.    Is Article 7(1) of Council Directive 89/397/EEC of 14 June
                                                                             1989 on the official control of foodstuffs (1) to be
Reference has been made to the Court of Justice of the                       construed as conferring on the manufacturer of a product
European Communities by order of the Consiglio di Stato                      a directly applicable right to apply for a second opinion
(Council of State), Sixth Section, of 8 May 2001, received at                in the case where public authorities have taken from a
the Court Registry on 9 July 2001, for a preliminary ruling in               retail outlet a sample of the manufacturer’s product for
the case of Ministero delle Politiche Agricole e Forestali                   purposes of analysis and that sample has failed to satisfy
(Ministry of Agriculture and Forestry) against CO.P.P.I., Società            certain criteria imposed by the legislation on foodstuffs?
Concentrati Bevibili Sicilia (CBS) and Impianti Brevetti Servizi
(IBIESSE) on the following question:                                   2.    If the answer to Question 1 is in the affirmative:
                                                                             is Article 7(1) of that directive to be construed as giving
Does Article 19 of Council Regulation (EEC) No 355/77 (1) of                 rise to a Community-law prohibition on the use of
15 February 1977 — which provides that the Commission,                       findings based on samples removed by public authorities
after consulting the Fund Committee on the financial aspects,                where it has not been made possible for the manufacturer
may decide, in accordance with the procedure laid down in                    of the product which is the subject of criticism in those
Article 22, to suspend, reduce or discontinue aid from the                   findings to apply for a second opinion?
Fund, and to recover sums paid, if, inter alia, prior to expiry of
the period laid down therein, the beneficiary sells equipment
or buildings having received aid from the Fund without prior
authorization from the Commission — constitute a standard              (1) OJ 1989 L 186, p. 23.
procedure which excludes the Member State’s competence to
adopt such measures to discontinue aid and recover sums
paid, or are the principles laid down in Article 8 of Regulation