CELEX: C1995/248/15
Language: en
Date: 1995-09-23 00:00:00
Title: Reference for a preliminary ruling from the Consiglio di Stato in sede giurisdizionale (Sezione Quarta) by order of that court of 21 March 1995 in the case of (1) S. Agri snc and (2) Agricola Veneta sas v. Regione Veneto (Case C-255/95)

23 . 9 . 95            EN                     Official Journal of the European Communities                                   No C 248/7
Action brought on 20 July 1995 by the Commission of the                  The applicant claims that the Court should:
    European Communities against the French Republic
                           Case C-252/95 )                               — declare that, by failing to adopt the measures necessary
                                                                              in order to comply with Council Directive 92/50/EEC ( 1 )
                            ( 95/C 248/ 13 )
                                                                              of 18 June 1992 relating to the coordination of
                                                                              procedures for the award of public service contracts, the
An action against the French Republic was brought before                      Federal Republic of Germany has failed to fulfil its
the Court of Justice of the European Communities on                           obligations under the third paragraph of Articles 189 of
20 July 1995 by the Commission of the European                                the EC Treaty in conjunction with Article 44 ( 1 ) of the
Communities, represented by Gerard Rozet, acting as                           said Directive,
Agent, with an address for service in Luxembourg at
the office of Mr Gomez de la Cruz, Wagner Centre,                        — declare, in the alternative, that by failing promptly to
Kirchberg .                                                                   communicate to the Commission the texts of the
                                                                              relevant provisions transposing the Directive, the
                                                                              Federal Republic of Germany has failed to fulfil its
The applicant claims that the Court should :                                  obligations,
1 . declare that, by failing to bring into force the laws,               — order the Federal Republic of Germany to pay the
     regulations and administrative provisions necessary to                   costs .
     comply, as regards epizootic haemorrhagic disease
     of deer, with Council Directive 92/119/EEC ( ] ) of
     17 December 1992 introducing general Community                      The pleas in law and main arguments adduced in support are
     measures for the control of certain ainmal diseases and             the same as those in Case C-252/95 ; the time-limit for
     specific measures relating to swine vesicular disease,              transposition expired on 1 July 1993 .
     and/or by failing to communicate them to the
     Commission, the French Republic has failed to fulfil its            (!) OJ No L 209 , 24 . 7. 1992 , p . 1 .
     obligations under Article 27 of the abovementioned
     directive and under the Treaty;
2 . order the French Republic to pay the costs .
Pleas in law and main arguments adduced in support:                      Reference for a preliminary ruling from the Consiglio di
                                                                         Stato in sede giurisdizionale (Sezione Quarta) by order of
                                                                         that court of 21 March 1995 in the case of ( 1 ) S. Agri snc
The binding nature of the third subparagraph of Article 189                      and (2 ) Agricola Veneta sas v. Regione Veneto
and the first subparagraph of Article 5 of the EC Treaty
requires the Member States to adopt the measures necessary                                          Case C-255/95 )
to transpose into national law the directives addressed to                                           ( 95/C 248/15 )
them before the expiration of the time-limit set for that
purpose . When the deadline set in Article 27 ( 1 ) of Directive         Reference has been made to the Court of Justice of the
 92/119/EEC expired on 30 September 1993 , France had not                European Communities by an order of the Consiglio di
taken the necessary measures as regards the control of                   Stato in sede giurisdizionale (Sezione Quarta) ( Fourth
epizootic haemorrhagic disease of deer.                                  Chamber of the Council of State, Judicial Division ) of
                                                                         21 March 1995 , which was received at the Court Registry
 (!) OJ No L 62 , 15 . 3 . 1993 , p . 69 .                               on 24 July 1995 , for a preliminary ruling in the case of
                                                                         (1 ) S. Agri snc and ( 2 ) Agricola Veneta sas v. Regione Veneto
                                                                         on the following questions :
                                                                          1 . is a provision of national law which, in the event of a
                                                                               period of time elapsing between the end of the reference
                                                                               period and the beginning of the period of the
 Action brought on 20 July 1995 by the Commission of the                       undertaking, takes into account not only the output ( the
 European Communities against the Federal Republic of                          number of units of lifestock ) for the reference period, in
                                Germany                                        relation to output to be achieved during the period of the
                          ( Case C-253/95 )                                    undertaking, but also fluctuations in output occurring
                             ( 95/C 248/ 14 )
                                                                               during that intermediate period, compatible with the
                                                                               Community legal order, in particular Article lb ( 3 ) ( c ) of
                                                                               Council Regulation ( EEC ) No 797/85 ( ] ) of 12 March
 An action against the Federal Republic of Germany was                         1985 on improving the efficiency of agricultural
 brought before the Court of Justice of the European                           structures, inserted by Article 1 of Council Regulation
 Communities on 20 July 1995 by the Commission of the                          ( EEC ) No 1094/88 ( 2 ) of 25 April 1988 , and with
 European Communities, represented by Claudia Schmidt,                         Articles 4 ( 1 ) and ( 2 ), 7 and 10 ( 1 ) of Commission
 of the Legal Service, with an address for service in                          Regulation ( EEC ) No 4115/88 ( 3 ) of 21 December 1988
 Luxembourg at the office of Mr Gomez de la Cruz, Wagner                       laying down detailed rules for applying the aid scheme to
 Centre C 254, Kirchberg.                                                      promote the extension of production ?
 ---pagebreak--- No C 248/8               EN                   Official Journal of the European Communities                                    23 . 9 . 95
2 . If so, is a provision of national law compatible with the                 — Commission Directive 93/48/EEC of 23 June 1993
      Community legislation referred to above which, where                        setting out the schedule indicating the conditions to
      there is a reduction in the heads of livestock raised                       be met by fruit plant propagating material and fruit
      during the intermediate period between the end of the                       plants intended for fruit production, pursuant to
      reference period and the beginning of the period of the                     Council Directive 92/34/EEC ( 4 ),
      undertaking, not only excludes those animals from the
      aid but also provides that they must be excluded from                   — Commission Directive 93/49/EEC of 23 June 1993
      the calculation of the minimum 20 % reduction in                            setting out the schedule indicating the conditions to
      output between the reference period and the period of                       be met by ornamental plant propagating material
      the undertaking, which is a prerequisite for the grant of                   and ornamental plants pursuant to Council
      the aid ( with the result, in particular, that the aid is not               Directive 91 /682/EEC ( 5 ),
      payable even in respect of the actual reduction in
       livestock envisaged in the period of the undertaking,                  — Commission Directive 93/61 /EEC of 23 June 1993
      where that reduction is less than 20 % of the average                       setting out the schedules indicating the conditions
       number of livestock raised in the reference period )?                      to be met by vegetable propagating and planting
                                                                                  material , other than seed pursuant to Council
f 1 ) OJ No L 93 , 30 . 3 . 1985 , p . 1 .                                        Directive 92/33/EEC ( 6 ),
( 2 ) OJ No L 106 , 27 . 4 . 1988 , p . 28 .
( 3 ) OJ No L 361 , 29 . 12 . 1988 , p . 13 .                                 and/or by failing to communicate them to the
                                                                              Commission, the French Republic has failed to fulfil its
                                                                              obligations under the penultimate articles of those
                                                                              Directives and under the EC Treaty;
                                                                         2 . order the French Republic to pay the costs .
Action brought on 27 July 1995 by the Commission of the
      European Communities against the French Republic                   The pleas in law and main arguments adduced in support are
                                                                         similar to those in Case C-252/95 ( 7 ); the deadlines for
                           ( Case C-256/95 )
                                                                         transposition into national law set by the Directives expired
                             ( 95/C 248/16 )                             on 1 January 1994 .
An action against the French Republic was brought before                 (>)  OJ No L 268 , 14 . 9 . 1992 , p . 35 .
the Court of Justice of the European Communities on                      (2 ) OJ No L 62 , 15 . 3 . 1993 , p. 38 .
27 July 1995 by the Commission of the European                           (3 ) OJ No L 62 , 15 . 3 . 1993 , p . 49 .
 Communities, represented by Gerard Rozet, acting as                     (4)  OJ No L 250 , 7. 10 . 1993 , p. 1 .
                                                                         (<)  OJ No L 250 , 7. 10 . 1993 , p. 9 .
Agent, with an address for service in Luxembourg at                      (*)  OJ No L 250 , 7 . 10 . 1993 , p. 19 .
the office of Mr Gomez de la Gruz, Wagner Centre,                        (7)  See p. 7 of this Official Journal .
 Kirchberg.
 The applicant claims that the Court should :
  1 . declare that, by failing to bring into force the laws,
        regulations and administrative provisions necessary to           Reference for a preliminary ruling from the Tribunal
       comply with                                                       Administratif de Clermont-Ferrand (2ème Chambre) by
                                                                         judgment of that court of 27 June 1 995 in the case of Gérard
       — Council Directive 92/45/EEC of 16 June 1992 on                  Bresle v. Préfet de la Région Auvergne and Préfet du
           public health and animal health problems relating to                                       Puy-de-Dôme
           the killing of wild game and the placing on the                                         ( Case C-257/95 )
           market of the wild-game meat ( ! ),
                                                                                                     ( 95/C 248/17 )
        — Council Directive 92/ 117/EEC of 17 December
            1992 concerning measures for protection against               Reference has been made to the Court of Justice of the
            specified zoonoses and specified zoonotic agents in          European Communities by a judgment of the Tribunal
            animals and products of animal origin in order to            Administratif Clermont-Ferrand              (2eme    Chambre)
            prevent outbreaks of food-borne infections and                ( Administrative Court of Clermont-Ferrand, Second
            intoxications (2 ),                                           Chamber) of 27 June 1995 , which was received at the Court
                                                                          Registry on 28 July 1995 , for a preliminary ruling in the case
        — Council Directive 92/ 118/EEC of 17 December                    of Gerard Bresle v. Prefet de la Region Auvergne ( Prefect of
            1992 laying down animal health and public health              the Auvergne Region) and Prefet du Puy-de-Dome (Prefect
            requirements governing trade in and imports into the          of Puy-de-Dome ) on the following question :
            Community of products not subject to the said
            requirements laid down in specific Community rules            Can the method of calculating the power-rating for
            referred to in Annex A ( I) to Directive 89/662/EEC           administrative purposes of vehicles under the Circular with
            and, as regards pathogens, to Directive                       retrospective statutory force of the Secretary of State for
            90/425/EEC ( 3 ),                                             Public Works, Transport and Tourism of 28 December