CELEX: C1996/318/05
Language: en
Date: 1996-10-26 00:00:00
Title: Reference for a preliminary ruling from the Tribunal de Grande Instance de Briey by judgment of that court of 8 August 1996 in the case of Didier Tabouillot v. Directeur des Services Fiscaux de Meurthe et de Moselle (Case C-284/96)

26 . 10 . 96            EN                  Official Journal of the European Communities                                 No C 318/3
 Reference for a preliminary ruling from the Hessisches                 Reference for a preliminary ruling from the Tribunale di
 Landesarbeitsgericht by order of that court of 1 July 1996 in          Genova by orders of 27 June 1996 ( Case C-279/96 ) and
 the case of Hans-Jorg Dick v. EB-Schulungs-Gesellschaft                19 July 1996 ( Cases C-280/96 and C-281/96 ) in the cases
                       mbH ( in liquidation )                           of: 1 . Ansaldo Energia SpA v. Amministrazione Finanziaria
                          ( Case C-277/96 )                             dello Stato, 2 . Amministrazione delle Finanze dello Stato v.
                                                                        Marine Insurance Consultants SRL, and 3 . G. M. B. SRL
                             ( 96/C 318/02 )                             and Others v . Amministrazione delle Finanze dello Stato
 Reference has been made to the Court of Justice of the                      (Joined Cases C-279/96 , C-280/96 and C-281 /96 )
 European Communities by a judgment of the Hessisches                                             ( 96/C 318 /04 )
 Landesarbeitsgericht ( Higher Labour Court, Hesse ) of
 1 July 1996 , which was received at the Court Registry on
 20 August 1996 , for a preliminary ruling in the case of               Reference has been made to the Court of Justice of the
 Hans-Jorg Dick v. EB-Schulungs-Gesellschaft mbH ( in                   European Communities by orders of 27 June 1996 and
 liquidation ) on the following question :                              21 August 1996 of the Tribunale di Genova ( Genoa District
                                                                        Court ), which were all received at the Court Registry on
 Does Council Directive 77/ 187/EEC ( l ) apply where :                 21 August 1996 , for a preliminary ruling in the cases of
                                                                        1 . Ansaldo Energia SpA v. Amministrazione Finanziaria
 — an undertaking, engaged in vocational training and                   dello Stato, 2 . Amministrazione delle Finanze dello Stato v.
     retraining, whose trainees are on courses sponsored by             Marine Insurance Consultants SRL, and 3 . G. M. B. SRL
     the employment authorities that lead to qualification              and Others v. Amministrazione delle Finanze dello Stato on
     as an industrial clerical officer, terminates , because            the following questions :
     of its insolvency, its agreements with the employment
     authorities, whereupon a legally independent
     competitor undertaking, that has previously run only               1 . Is national legislation which sets, in respect of the
     courses of other kinds, some independently financed and                 initiation of proceedings to safeguard a right arising
     some sponsored likewise by the employment authorities,                  under Community law, a time limit which starts to run
     takes over under an agreement with those authorities                    before the correct and complete transposition into
     the running of the courses begun by the first                           national law of the Directive conferring that right
     undertaking;                                                            compatible with Community law ?
 — at about the same time the second undertaking enters
     into new contracts of employment with a significant                2 . Is it compatible with Community law to provide a party
     proportion of the teaching staff of the insolvent                       whose rights are recognized as having been infringed,
     undertaking, in order to reinforce its own personnel, and               and to whom repayment of the sums claimed is granted ,
     uses them to teach the courses that it has taken over;                  with a remedial procedure under which the rules as to
     and                                                                     quantum differ from, and compare unfavourably with ,
                                                                             those laid down in respect of actions for repayment
 — the second undertaking is subsequently appointed by the                   between private individuals, and are substantially
     employment authorities to run new courses as well , like                determined by a measure enacted by the same State as
     those previously run by the insolvent undertaking ?                     that which infringed the injured party's rights by failing
                                                                             to fulfil its obligations ?
 (') OJ No L 61 , 5 . 3 . 1977, p . 26 .
 Reference for a preliminary ruling by the Tribunale di
 Genova — Sezione l a Civile by order of that court of 23 May
 1996 in the dispute pending before it between Vezza SpA                Reference for a preliminary ruling from the Tribunal de
                  and Ministero delle Finanze                           Grande Instance de Briey by judgment of that court of
                                                                        8 August 1996 in the case of Didier Tabouillot v. Directeur
                          ( Case C-278/96                                       des Services Fiscaux de Meurthe et de Moselle
                            ( 96/C 318/03 )
                                                                                                 Case C-284/96 )
 Reference has been made to the Court of Justice of the                                           ( 96/C 318 /05 )
 European Communities by order of the Tribunale di
 Genova — Sezione l a Civile ( Genoa District Court, First
                                                                        Reference has been made to the Court of Justice of the
 Section ) of 23 May 1996 , which was received at the Court             European Communities by a judgment of the Tribunal de
 Registry on 21 August 1996 , for a preliminary ruling in the           Grande Instance de Briey ( Regional Court, Briey ) of
 dispute pending before it between Vezza SpA and Ministero              8 August 1996 , which was received at the Court Registry on
-delle Finanze .
                                                                        22 August 1996 , for a preliminary ruling in the case of
                                                                        Didier Tabouillot v. Directeur des Services Fiscaux de
 The questions referred by the Tribunale di Genova —
 Sezione l a Civile to the Court of Justice for a preliminary           Meurthe et de Moselle ( Chief Tax Inspector for Meurthe et
 ruling are identical with those in Case C-47/95 ( 1 ).                 Moselle ) on the following questions :
 (') OJ No C 119 , 13 . 5 . 1995 , p . 5 .                              1 . Is Article 95 of the EC Treaty to be interpreted as
                                                                             precluding the application of a method for establishing
 ---pagebreak--- No C 318/4               EN                  Official Journal of the European Communities                                      26 . 10 . 96
     the fiscal horsepower value of vehicles which results in a          Action brought on 30 August 1996 by the Government of
     higher such value being conferred on certain vehicles,              the Kingdom of Denmark against the Commission of the
     which consumers are therefore deterred from buying,                                     European Communities
     where all the vehicles in the highest tax categories are                                     Case C-289/96 )
     imported vehicles standing in direct competition with
     similar vehicles sold in France which are in more                                              96/C 318/07 )
     favourable tax categories ?
                                                                         An action against the Commission of the European
2 . Is Article 95 of the EC Treaty to be interpreted as                  Communities was brought before the Court of Justice on
     precluding the simultaneous use of two sets of rules for            30 August 1996 by the Government of the Kingdom of
     establishing the fiscal horsepower value of vehicles                Denmark, represented by Peter Biering, Head of
     where the more unfavourable set is applied in particular            Department, with an address for service in Luxembourg at
     to vehicles imported from other Member States which                 the Danish Embassy, 4 boulevard Royal .
     French consumers are consequently deterred from
     buying, to the advantage of similar vehicles sold in
     France ?
                                                                         The applicant claims that the Court should :
                                                                        — partially annul Commission Regulation ( EC )
                                                                             No 1107/96 , of 12 June 1996 on the registration of
                                                                             geographical indications and designations of origin
                                                                             under the procedure laid down in Article 17 of Council
Reference for a preliminary ruling from the                                  Regulation ( EEC ) No 208 1 /92 ( ] ), in so far as the
Bundesfinanzhof by order of that court of 4 July 1 996 in the                designation 'feta ' is listed in the Annex to the Regulation
 case of Kyritzer Starke GmbH v. Hauptzollamt Potsdam                        under point A ' Cheeses', ' GREECE',
                           Case C-287/96
                            ( 96/C 318/06 )                             •— order the Commission to pay the costs .
Reference has been made to the Court of Justice of the                   Pleas in law and main arguments adduced in support
European Communities by order of the Bundesfinanzhof
( Federal Finance Court ) of 4 July 1996 , which was received
at the Court Registry on 26 August 1996 , for a preliminary             — The registration of ' feta ' as a protected designation of
ruling in the case of Kyritzer Starke GmbH v. Hauptzollamt                   origin is contrary to the provisions of Council
( Principal Customs Office ) Potsdam on the following                        Regulation ( EEC ) No 2081 /92 of 14 July 1992 on the
questions :                                                                  protection of geographical indications and designations
                                                                             of origin for agricultural products and foodstuffs ( 2 ). The
                                                                             designation ' feta ' does not fulfil the conditions laid
1 . Does the use prescribed in Article 10 ( 1 ) in conjunction               down in the Regulation in order to be considered a
     with Article 14 ( 2 ) of Regulation ( EEC ) No 1722/93 ( 1 )            designation of origin .
     for processed goods falling within CN code 3505 10 50
     constitute a primary requirement within the meaning of
     Article 20 ( 1 ) and ( 2 ) of Regulation ( EEC )                        Pursuant to Article 2 ( 2 ), designation of origin means the
     No 2220/85 ( 2 ), evidence of the fulfilment of which is to             name of a region, a specific place or, in exceptional cases ,
     be produced within the period prescribed by Article 28                  a country, used to describe an agricultural product or a
     ( 2 ) of Regulation ( EEC ) No 2220/85 , so that, in any                foodstuff originating there , the quality or characteristics
     other case , security provided pursuant to Article 22 ( 1 )             of which are due to a particular geographical
     and ( 2 ) of that regulation becomes forfeit ?                          environment with its inherent natural and human
                                                                             factors and the production, processing and preparation
                                                                             of which take place there . 'Feta ' is not, however, the
2 . If the answer to question 1 is in the negative :                         name of a region, place or country . Nor does ' feta '
                                                                             originate from Greece, as a region for protection, but
     is some other prescribed period to be inferred from the                 from all over the Balkans , and its quality or
     applicable Community legislation, within which                          characteristics cannot be due to a particular
     evidence of use is to be produced in accordance with                    geographical environment.
     Article 10 ( 1 ) of Regulation ( EEC ) No 1722/93 , so that
     the security becomes wholly or partially ( to what
     extent ?) forfeit if the evidence is not produced within the            Pursuant     to   Article     2    ( 3 ), certain traditional
     prescribed period ?                                                     geographical or non-geographical names designating an
                                                                             agricultural product or a foodstuff originating in a
                                                                             region or a specific place, the quality or characteristics of
(') OJ No L 159 , 1 . 7 . 1993 , p . 112 .
(-) OJ No L 205 , 3 . 8 . 1995 , p . 5 .
                                                                             which fulfil the above conditions, are also to be
                                                                             considered designations of origin . Under that provision
                                                                             the product's origin may only be a specific place or
                                                                             region , not an entire country .