CELEX: C1996/095/13
Language: en
Date: 1996-03-30 00:00:00
Title: Reference for a preliminary ruling by the High Court of Justice in Northern Ireland, Queen's Bench Division (Crown Side), by order of that court of 29 November 1995, in the case of Norbrook Laboratories Ltd against Ministry of Agriculture, Fisheries and Food (Case C-29/96)

No C 95/8                 EN                    Official Journal of the European Communities                                             30 . 3 . 96
      medicinal products, the French Republic has failed to                Reference for a preliminary ruling by the High Court of
      fulfil its obligations under the Treaty,                             Justice in Northern Ireland, Queen's Bench Division
                                                                           ( Crown Side ), by order of that court of 29 November 1995 ,
                                                                           in the case of Norbrook Laboratories Ltd against Ministry
— order the French Republic to pay the costs .
                                                                                          of Agriculture, Fisheries and Food
                                                                                                        ( Case C-29/96 )
The pleas in law and main arguments are analogous with
those of Case C-18/96 ( 3 ).                                                                              ( 96/C 95/ 13 )
(') OJ No L 270, 26 . 9 . 1991 , p . 32,
                                                                           Reference has been made to the Court of Justice of the
( 2 ) OJ No L 147, 9 . 6 . 1975 , p . 1 .                                  European Communities by an order of the High Court of
(-') OJ No C 77, 16 . 3 . 1996 , p . 8 .                                   Justice in Northern Ireland, Queen's Bench Division
                                                                           ( Crown Side ) of 29 November 1995 , which was received at
                                                                           the Court Registry on 5 February 1996 , for a preliminary
                                                                           ruling in the case of Norbrook Laboratories Ltd against
                                                                           Ministry of Agriculture, Fisheries and Food, on the
                                                                           following questions :
                                                                           1 . Are Council Directives 81 /851 /EEC of 28 September
                                                                               1981 on the approximation of the laws of the Member
Reference for a preliminary ruling from Lansratten i                           States relating to veterinary medicinal products ( ! )
Jonkopings Lan by order of that court of 26 January 1996 in                    and 81 /852/EEC of 28 September 1981 on the
     the case of Danisco Sugar AB v. Allmanna Ombudet                          approximation of the laws of the Member States relating
                            ( Case C-27/96 )                                   to analytical, pharmaco-toxicological and clinical
                              ( 96/C 95/ 12 )
                                                                               standards and protocols in respect of the testing of
                                                                               veterinary medicinal products ( 2 ) ( and in particular
                                                                               Articles 5 , 8 , 9 , 1 1 , 14 , 29-31 , 35 , 40 and 41 of Directive
                                                                               81 /851 /EEC and Part 1 of the Annex to Directive
Reference has been made to the Court of Justice of the
                                                                               81 /852/EEC in the form in which they existed prior
European Communities by an order of Lansratten i                               to any amendment) to be interpreted as permitting
Jonkopings Lan (Jonkoping County Administrative Court)                         the competent authority of a Member State, in
of 26 January 1996 , which was received at the Court                           circumstances such as those hereinbefore described :
Registry on 30 January 1996, for a preliminary ruling in the
case of Danisco Sugar AB v. Allmanna Ombudet ( Public
Attorney ) on the following questions :                                        ( a ) to require an applicant for a marketing
                                                                                      authorization in respect of a veterinary medicinal
                                                                                      product ('the Product') to identify or to arrange to
1 . on a true construction of the Act of Accession of                                 be identified to the competent authority the names
       Sweden,     Finland       and     Austria ('),   in  particular                and addresses of any and all manufacturers of the
      Articles 137 ( 2 ), 145 ( 2 ) and 149 ( 1 ), are decisions taken                substance which the applicant intends to purchase
       at national level concerning levies on normal                                  for use as one of the active ingredients ('the Active
      transitional stocks of sugar as set out in the Swedish                          Ingredient') in the manufacture by the applicant
       Sugar Law, as amended, to be regarded as unlawful                              of the Product, and to supply or arrange to be
       transitional measures ?
                                                                                      supplied to the competent authority details of
                                                                                      the site(s ) where the Active Ingredient would be
      If not :                                                                        manufactured and of the manufacturing processes
                                                                                      and control testing procedures used by the
                                                                                      manufacturer of the Active Ingredient;
2 . on a true construction of the European Community
      organization of the market in sugar, in particular                       ( b ) to require the applicant ( whether by specific licence
      Articles 39 and 40 of the EC Treaty, Council Regulation
                                                                                      conditions or by withholding grant of a marketing
       ( EEC ) No 1785/81 (2 ) and Commission Regulation ( EC )                       authorization or otherwise ) either to comply with
      No 3300/94 ( 3 ), are decisions taken at national level
                                                                                      the above requirements or to market the Product
      concerning levies on normal transitional stocks of sugar                        only using supplies of the Active Ingredient
      as set out in the Swedish Sugar Law, as amended, to be                          purchased from specified third parties;
      regarded as unlawful interference in the organization of
      the market ?
                                                                               ( c ) to suspend the time limits for a grant of a marketing
                                                                                      authorization laid down by Article 8 of Directive
( ] ) OJ No C 241 , 29 . 8 . 1994 .                                                   81 /851 /EEC until the applicant has agreed to
( 2 ) OJ No L 177 , 1 . 7 . 1981 , p . 4 .                                            supply the information referred to in ( a ) above ?
( 3 ) OJ No L 341 , 30 . 12 . 1994, p . 39 .
                                                                           2 . Would it be material to the answers to questions 1 ( a ) to
                                                                               ( c ) above if it were not reasonably possible for an
                                                                               applicant to obtain any of the information referred to in
 ---pagebreak--- 30 . 3 . 96                  EN                 Official Journal of the European Communities                                          No C 95/9
      question 1(a ), and if so what would be the effect on the                  References for preliminary rulings by the Tribunal Superior
      answers to those questions ?                                               de Justicia of the Community of Extremadura by orders of
                                                                                 that court of 17 January 1996 and 15 January 1996 in the
3 . ( a ) If the requests for further information and the other                  cases of Antonio Naranjo Arjona v. Instituto Nacional de la
            requirements described in question 1 above, or any                   Seguridad Social, Francisco Mateos v. Instituto Nacional de
            of them, are prima facie permissible under Council                   la Seguridad Social and Tesorería General de la Seguridad
            Directive 81 /851 /EEC and 81 /852/EEC, must such                    Social, and Instituto Nacional de la Seguridad Social v.
            requests and requirements comply with the                                                  Laura García Lázaro
            Community law principle of proportionality ?                                     ( Cases C-31/96, C-32/96 and C-33/96 )
      ( b ) If the answer to ( a ) is affirmative, are those                                                 ( 96/C 95/ 14 )
            principles to be applied in this case by the national
            court or by the Court of Justice ?                                   Reference has been made to the Court of Justice of the
                                                                                 European Communities by orders of the Tribunal Superior
      (c )    ( i ) If they are to be applied by the Court of                    de Justicia ( High Court of Justice ) of the Community of
                      Justice, do the said requests and requirements
                                                                                 Extremadura of 17 January 1996 ( Cases C-31 /96 and
                      or any of them infringe the principles of                  C-32/96 ) and of 15 January 1996 ( Case C-33/96 ), which
                      proportionality ?                                          were received at the Court Registry on 7 February 1996 , for
                                                                                 preliminary rulings in the cases of Antonio Naranjo Arjona
            ( ii ) If they are to be applied by the national court,
                                                                                 v. Instituto Nacional de la Seguridad Social ( National Social
                      by reference to what criteria and
                                                                                 Security Institute ), Francisco Vicente Mateos v. Instituto
                      considerations must the proportionality of the
                                                                                 Nacional de la Seguridad Social and Tesoreria General de la
                      requests and requirements be assessed ?
                                                                                 Seguridad Social ( General Social Security Fund ), and
4 . Are Articles 30 to 36 of the EC Treaty to be interpreted                     Instituto Nacional de la Seguridad Social v. Laura Garcia
      as prohibiting requests and requirements such as those                     Lazaro on the following question :
      described above, or any of them ?
                                                                                 when Article 47 ( 1 ) ( c ) of Regulation ( EEC ) No 1408/71 ( J )
5 . ( a ) Is Article 40 of Council Directive 81 /851 /EEC to be                  — now Article 47 ( 1 ) (g ) — uses the phrase ' shall determine
            interpreted as applying to the requests and                          that average by reference only to those periods of insurance
            requirements described above ?                                       completed under the legislation of the said State ', is it to be
                                                                                 construed as referring to :
      ( b ) If so, in what circumstances and by reference to
            what criteria are the reasons for the imposition of
            such requests and requirements to be treated as                      1 . the theoretical maximum, minimum or average basis for
            inadequate for the purposes of Article 40 , and were                      the time being laid down by the legislation of a Member
            such requests and requirements adequately                                 State for payment of the relevant social security
            reasoned in the present case ?                                           contributions; or
6 . ( a ) Is a Member State liable as a matter of Community                      2 . the average of the actual bases of what was actually
            law to compensate an undertaking in damages for                          contributed by the person concerned, regardless of what
            loss which it has suffered as a consequence of the                        he would have had to contribute in the periods worked
            imposition of requests and requirements such as                           in Spain in accordance with the legislation of that
            those described above which :                                             State ?
                ( i ) are incompatible with the provisions of
                       Council    Directives   81 /851 /EEC           and/or     (') OJ English Special Edition 1971 ( II ), p. 416 .
                       81 /852/EEC ;
              ( ii ) infringe the principles of proportionality;
            ( iii ) are prohibited by Articles 30 to 36 of the EC
                       Treaty;
            ( iv ) are insufficiently reasoned within the meaning                Reference for a preliminary ruling by the Pretura
                       of Article 40 of Directive 81 /851 /EEC ?                 Circondariale di Roma — Sezione Distaccata di Tivoli by
                                                                                 order of that court of 24 January 1996 in criminal
      ( b ) If the answer to question 6(a ) ( i ), ( ii ), ( iii ) and ( iv ) or               proceedings against Maria Paolantoni
            any of them is in the affirmative, under what                                                   Case C-34/96 )
            condition does such liability arise ?
                                                                                                             ( 96/C 95/ 15 )
t 1 ) OJ No L 317, 6 . 11 . 1981 , p. 1 .
( 2 ) OJ No L 317, 6 . 11 . 1981 , p . 16 .                                      Reference has been made to the Court of Justice of
                                                                                 the European Communities by order of the Pretura
                                                                                 Circondariale di Roma — Sezione Distaccata di Tivoli