CELEX: C1998/278/58
Language: en
Date: 1998-09-05 00:00:00
Title: Reference for a preliminary ruling by the Pretura Circondariale di Bolzano by order of that court of 8 July 1998 in the case of Roman Angonese v. Cassa di Risparmio di Bolzano SpA (Case C-281/98)

5.9.98                  EN                    Official Journal of the European Communities                                         C 278/31
The applicant claims that the Court of Justice should:                   8 July 1998, which was received at the Court Registry on
                                                                         23 July 1998, for a preliminary ruling in the case of
                                                                         Roman Angonese v. Cassa di Risparmio di Bolzano SpA
Ð annul the relevant part of Commission Decision 98/                     on the following question:
     358/EC (1) in so far as it applies negative corrections'
     in respect of supplementary levies for milk
     corresponding to sums the recovery of which is the                  Is it compatible with Article 48(1), (2) and (3) of the EC
     subject of proceedings before the competent national                Treaty and Article 3(1) and Article 7(1) and (4) of Council
     courts.                                                             Regulation (EEC) No 1612/68 (1) to make the admission
                                                                         of candidates to a competition organised to fill posts
                                                                         in a company governed by private law conditional on
Pleas in law and main arguments adduced in support:                      possession of the official certificate attesting to knowledge
                                                                         of local languages issued exclusively by a public authority
                                                                         of a Member State at a single examination centre (namely
Ð Infringement of Articles 2, 3, 5 and 8 of Council                      Bolzano), on completion of a procedure of considerable
     Regulation (EEC) No 729/70 of 21 April 1970 on the                  duration (to be precise, of not less than 30 days, on
     financing of the common agricultural policy (2): the                account of the minimum lapse of time envisaged between
     Commission is entitled to exclude from its decision                 the written test and the oral test)?
     only expenses corresponding to incorrect application,
     and a fortiori non-application, of Community law. The
     sums covered to which the contested decision relates                (1) Official Journal, English Special Edition 1968 II, p. 475.
     are the result neither of irregularities nor of negligence
     within the meaning of Regulation (EEC) No 729/70.
     The corrections made by the Commission relate to
     amounts which have been challenged before the
     French administrative courts. The amounts in question
     will be payable as soon as an enforceable judgment
     has made it possible to recover them. On the other
                                                                         Reference for a preliminary ruling by the Verwaltungs-
     hand, Regulation (EEC) No 729/70 does not authorise
                                                                         gericht Hannover by order of that court of 13 July 1998
     the Commission to charge those sums to a Member
                                                                         in the case of Tanja Kreil against the Federal Republic of
     State when the latter has been unable to recover them
                                                                                                       Germany
     from the persons concerned.
                                                                                                  (Case C-285/98)
Ð The imposition by the Commission of a time limit for                                              (98/C 278/59)
     recovering the amounts demanded is contrary to the
     principle of sound administration as enunciated, in
     particular, in Article 8 of Regulation (EEC) No 729/
                                                                         Reference has been made to the Court of Justice of the
     70.
                                                                         European Communities by order of the Second Chamber
                                                                         of the Verwaltungsgericht Hannover (Administrative
(1) Commission Decision 98/358/EC of 6 May 1998 on the                   Court, Hannover) of 13 July 1998, received at the Court
    clearance of the accounts presented by the Member States in          Registry on 24 July 1998, for a preliminary ruling in the
    respect of the expenditure for 1994 of the Guarantee Section         case of Tanja Kreil against the Federal Republic of
    of the European Agricultural Guidance and Guarantee Fund
                                                                         Germany on the following question:
    (OJ L 163, 6.6.1998, p. 28).
(2) Official Journal, English Special Edition 1970 I, p. 218.
                                                                         Is Council Directive 76/207/EEC (1) Ð in particular with
                                                                         regard to Article 2(2) of that Directive Ð infringed by the
                                                                         third sentence of paragraph 1(2) of the Soldatengesetz
                                                                         (Law on Soldiers) in the version of 15 December 1995
                                                                         (Bundesgesetzblatt I, p. 1737), last amended by the Law
Reference for a preliminary ruling by the Pretura                        of 4 December 1997 (Bundesgesetzblatt I, p. 2846),
Circondariale di Bolzano by order of that court of 8 July                and paragraph 3a of the Soldatenlaufbahnverordnung
1998 in the case of Roman Angonese v. Cassa di                           (Regulations on soldiers' Careers) in the version published
                  Risparmio di Bolzano SpA (1)                           on 28 January 1998 (Bundesgesetzblatt I, p. 326), under
                                                                         which women who enlist as volunteers may be appointed
                         (Case C-281/98)                                 only to duties in the medical and military-music services
                           (98/C 278/58)                                 and are excluded in any event from armed service?
                                                                         (1) OJ L 39, 14.2.1976, p. 40.
Reference has been made to the Court of Justice of
the European Communities by order of the Pretura
Circondariale di Bolzano (District Court, Bolzano) of