CELEX: C1997/295/36
Language: en
Date: 1997-09-27 00:00:00
Title: Reference for a preliminary ruling by the Pretura Circondariale di Bassano del Grappa by order of that court of 17 July 1997 in the case of Claudio Matteazzi against Caseificio Sociale San Rocco scarl (Case C-287/97)

C29SI22                   EN                  Official Journal of the European Communities                                    27 . 9 . 97
on 1 August 1997 by the Commission of the European                       Must Articles 9 and 2 of Regulation ( EEC ) No 3950/92 of
Communities, represented by Francisco de Sousa Fialho,                   28 December 1992 (') be interpreted as meaning that any
of its Legal Service, acting as Agent, with an address for               person delivering milk , regardless of the legal nature of
service in Luxembourg at the office of Carlos Gomez de la                the relationship which gave rise to the delivery, may be
Cruz, Wagner Centre, Kirchberg .                                         treated as a 'purchaser' liable to pay the additional levy
                                                                         and , in particular, as meaning that a group of cooperatives
                                                                         may be so regarded with respect to milk delivered, not
The applicant claims that the Court should :                             sold, to it by the members of the cooperative ?
                                                                         (') OJ L 405 , 31 . 12 . 1992 , p . 1 .
— declare that, by failing to adopt the laws, regulations
       or administrative provisions necessary to comply with
       European Parliament and Council Directive 94/63/
       EC (') of 20 December 1994 on the control of volatile
       organic compound (VOC ) emissions resulting from the
        storage of petrol and its distribution from terminals to
        service stations, the Portuguese Republic has failed to
        fulfil its obligations under the third paragraph of
        Article 189 of the EC Treaty and Article 10 ( 1 ) of             Reference for a preliminary ruling by the Pretura
        Directive 94/63/EC ,                                             Circondariale di Bassano del Grappa by order of that
                                                                         court of 17 July 1997 in the case of Consorzio fra i
                                                                           Caseifici dell'Altopiano di Asiago against Regione Veneto
— declare, in the alternative, that, by failing to inform                                           ( Case C-288/97
        the Commission forthwith of such measures, the
        Portuguese Republic failed to fulfil its obligations                                          ( 97/C 295/37 )
        under those provisions,
— order the Portuguese Republic to pay the costs .                       Reference has been made to the Court of Justice of the
                                                                         European Communities by order of the Pretura
                                                                         Circondariale di Bassano del Grappa ( District Magistrate's
                                                                          Court, Bassano del Grappa ) of 17 July 1997, received at
Pleas in law and main arguments adduced in support:
                                                                         the Court Registry on 29 July 1997, for a preliminary
                                                                         ruling in the case of Consorzio fra i Caseifici
                                                                         dell'Altopiano di Asiago v. Regione Veneto on the
The pleas in law and main arguments are analogous with                    following questions :
those in Case C-282/97 ( 2 ); the time-limit for transposing
the Directive expired on 31 December 1995 .
 (') OJ L 365 , 31 . 12 . 1994 , p. 24 .
                                                                          1 . Must Articles 9 and 2 of Regulation ( EEC ) No 3950/
 ( 2 ) See page 20 of this Official Journal .                                  92 of 28 December 1992 (') be interpreted as meaning
                                                                              that any person delivering milk, regardless of the legal
                                                                              nature of the relationship which gave rise to the
                                                                               delivery, may be treated as a 'purchaser' liable to pay
                                                                               the additional levy and, in particular, as meaning that
                                                                               a group of cooperatives may be so regarded with
                                                                               respect to milk delivered, not sold, to it by the
                                                                               members of the cooperative ?
 Reference for a preliminary ruling by the Pretura
 Circondariale di Bassano del Grappa by order of that
 court of 17 July 1997 in the case of Claudio Matteazzi
              against Caseificio Sociale San Rocco scarl                  2 . Must Article 2 ( 2 ) of Regulation ( EEC ) No 3950/92 of
                            ( Case C-287/97 )                                  28 December 1992 be interpreted as meaning that
                                                                               purchasers are actually and personally required to
                              ( 97/C 295/36 )                                  deduct from the amount paid to producers the amount
                                                                               payable by way of additional levy, or that it is merely
                                                                               a right conferred in the purchaser's interests, failure to
                                                                               exercise which cannot entail penalties ?
  Reference has been made to the Court of Justice of the
  European Communities by order of the Pretura
  Circondariale di Bassano del Grappa ( District Magistrate's             (') OJ L 405 , 31 . 12 . 1992 , p . 1 .
  Court, Bassano del Grappa ) of 17 July 1997, received at
  the Court Registry on 29 July 1997, for a preliminary
  ruling in the case of Claudio Matteazzi v. Caseificio
  Sociale San Rocco scarl on the following question :