CELEX: C1999/204/43
Language: en
Date: 1999-07-17 00:00:00
Title: Case C-126/99: Reference for a preliminary ruling by the Pretura Circondariale di Torino by order of 30 March 1999 in the case of Roberto Vitari v European Training Foundation

C 204/22                EN                      Official Journal of the European Communities                                        17.7.1999
                    ORDER OF THE COURT                                     ‘Must Article 79 of Regulation (EEC) No 259/68 (1), as
                                                                           subsequently amended, where it provides that: … the con-
                         of 21 April 1999                                  ditions of employment of local staff, in particular:
in Joined Cases C-28/98 and C-29/98 (references for a                      (a) the manner of their engagement and termination of their
preliminary ruling from the Tribunal de Grande Instance                         contract,
de Thionville): Marc Charreire (Case C-28/98), Jean Hirts-
mann (Case C-29/98) v Directeur des Services Fiscaux de                    (b) their leave, and
                            la Moselle (1)
                                                                           (c) their remuneration
   (References for a preliminary ruling — Inadmissibility)
                                                                           shall be determined by each institution in accordance with
                          (1999/C 204/42)                                  current rules and practice in the place where they are to
                                                                           perform their duties, be construed as meaning that the
                                                                           European institution is permitted to dispense with national
                    (Language of the case: French)                         legislation, with the consequence that rules of Community
                                                                           origin are alone applicable, or does it, in contrast, impose
                                                                           compliance with national legislation, particulary if that
(Provisional translation: the definitive translation will be published     national legislation is mandatory and binding in nature?’
                   in the European Court Reports)
In Joined Cases C-28/98 and C-29/98: two references to the                 (1) Council Regulation of 29.2.1968, OJ English Special Edition 1968
Court under Article 177 of the EC Treaty from the Tribunal de                  (I), p. 30.
Grande Instance de Thionville (France) for a preliminary ruling
in the proceedings pending before that court between Marc
Charreire (Case C-28/98), Jean Hirtsmann (Case C-29/98)
and Directeur des Services Fiscaux de la Moselle on the
interpretation of Article 95 of the EC Treaty — the Court,
composed of: G.C. Rodrı́guez Iglesias, President, P.J.G. Kap-
teyn, J.-P. Puissochet, G. Hirsch and P. Jann, Presidents of
Chambers, G.F. Mancini, J.C. Moitinho de Almeida, C. Gul-
mann. J.L. Murray, D.A.O. Edward, H. Ragnemalm, L. Sevón
and M. Wathelet (Rapporteur) Judges; N. Fennelly, Advocate
General; R. Grass, Registrar, has made an order on 21 April                Action brought on 14 April 1999 by the Commission of
1999, the operative part of which is as follows:                             the European Communities against the Italian Republic
The references for a preliminary ruling made by the Tribunal de                                     (Case C-127/99)
Grande Instance de Thionville, by judgments of 21 March 1997, are
inadmissible.
                                                                                                    (1999/C 204/44)
(1) OJ C 94 of 28.3.1998.
                                                                           An action against the Italian Republic was brought before the
                                                                           Court of Justice of the European Communities on 14 April
                                                                           1999 by the Commission of the European Communities,
                                                                           represented by Paolo Stancanelli, of its Legal Service, acting as
                                                                           Agent, with an address for service in Luxembourg at the office
                                                                           of Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.
Reference for a preliminary ruling by the Pretura Circon-                  The applicant claims that the Court should:
dariale di Torino by order of 30 March 1999 in the case
    of Roberto Vitari v European Training Foundation
                                                                           — declare that the Italian Republic has failed to fulfil its
                                                                                obligations under Community law by failing to establish
                          (Case C-126/99)                                       one or more action programmes of the type and under the
                                                                                conditions provided for in Article 5 of Council Directive
                          (1999/C 204/43)                                       91/676/EEC (1) of 12 December 1991 concerning the
                                                                                protection of waters against pollution caused by nitrates
                                                                                from agricultural sources; by failing to carry out the
Reference has been made to the Court of Justice of the                          monitoring measures provided for in Article 6 of that
European Communities by order of 30 March 1999 from the                         directive; and by failing to draw up and submit a full report
Pretura Circondariale di Torino (District Magistrate’s Court,                   as required by Article 10 of that directive,
Turin), which was received at the Court Registry on 14 April
1999, for a preliminary ruling in the case of Roberto Vitari v
European Training Foundation on the following question:                    — order the Italian Republic to pay the costs.