CELEX: C1999/033/03
Language: en
Date: 1999-02-06 00:00:00
Title: Reference for a preliminary ruling by the Verwaltungsgericht Schwerin by order of that court of 17 September 1998 in the case of Landerzeugergemeinschaft e.G. Gross Godems against Amt für Landwirtschaft Parchim (Case C-414/98)

6.2.1999               EN                 Official Journal of the European Communities                                         C 33/3
     Article 5(4) of Council Regulation (EEC) No 2950/83,                 Regulation (EEC) No 838/93, extend back only to the
     be validly effected only by means of an entry in box 18              point in time when the areas under cultivation ceased
     of the form set out in Annex II to Commission                        to be farmed extensively or is the discrepancy to be
     Decision 83/673 (3) of 22 December 1983 when the                     calculated and deducted for the whole period of the
     claim for final payment is forwarded, pursuant to the                undertaking?
     first indent of Article 1(2) and Article 1(3) and (4) as
     well as Article 6(1) and (2) of the abovementioned
     decision, or do those provisions apply only to                  3. What are the criteria for determining whether there
     inter-departmental procedural formalities, of no                     is a serious infringement within the meaning of
     external relevance since they are not essential, which               Article 16(3) of Regulation (EEC) No 4115/88, as
     do not make it impossible for the department                         amended by Regulation (EEC) No 838/93?
     concerned subsequently to issue a certificate which
     differs from the first certificate, either as a separate
     document or on a fresh form, provided that, in either           (1) OJ L 361, 29.12.1988, p. 13.
                                                                     (2) OJ L 88, 8.4.1993, p. 16.
     case, it takes account of the legal nature of the
     measures in question and complies with the limits and
     conditions laid down by national law for making the
     relevant alteration?
(1) Council Regulation (EEC) No 2950/83 of 17 October 1983 on
    the implementation of Decision 83/516/EEC on the tasks of
    the European Social Fund (OJ L 289, 22.10.1983, p. 1).           Action brought on 3 December 1998 by the Commission
(2) Council Decision 83/516/EEC of 17 October 1983 on the             of the European Communities against the Italian Republic
    tasks of the European Social Fund (OJ L 289, 22.10.1983,
    p. 38).                                                                                    (Case C-439/98)
(3) Commission Decision 83/673/EEC of 22 December 1983 on
    the management of the European Social Fund (OJ L 377,
                                                                                                (1999/C 33/04)
    31.12.1983, p. 1).
                                                                     An action against the Italian Republic was brought before
                                                                     the Court of Justice of the European Communities on
                                                                     3 December 1998 by the Commission of the European
                                                                     Communities, represented by Antonio Aresu, of its Legal
                                                                     Service, acting as Agent, with an address for service in
            Reference for a preliminary ruling by the
                                                                     Luxembourg at the office of Carlos Gómez de la Cruz, of
   Verwaltungsgericht Schwerin by order of that court of
                                                                     its Legal Service, Wagner Centre, Kirchberg.
               17 September 1998 in the case of
   Landerzeugergemeinschaft e.G. Gross Godems against
                Amt für Landwirtschaft Parchim
                                                                     The applicant claims that the Court should:
                        (Case C-414/98)
                         (1999/C 33/03)
                                                                     1. Declare that, by failing to adopt and bring into force
                                                                          within the prescribed period the laws, regulations and
Reference has been made to the Court of Justice of                        administrative provisions necessary to comply with
the European Communities by order of the                                  Commission Directive 95/30/EC (1) of 30 June 1995
Verwaltungsgericht Schwerin (Administrative Court,                        adapting to technical progress Council Directive
Schwerin) of 17 September 1998, received at the Court                     90/679/EEC (2) of 20 November 1990 on the
Registry on 20 November 1998, for a preliminary ruling                    protection of workers from risks related to exposure
in the case of Landerzeugergemeinschaft (agricultural                     to biological agents at work (seventh individual
producer group) e.G. Gross Godems against Amt für                         Directive within the meaning of Article 16(1) of
Landwirtschaft Parchim (Office for Agriculture, Parchim)                  Directive 89/391/EEC) (3), or by failing                 to
on the following questions:                                               communicate such provisions, the Italian Republic has
                                                                          failed to fulfil its obligations under that directive;
1. Does the penalty laid down by the first sentence of
     Article 16(1) of Regulation (EEC) No 4115/88 (1), as            2. Order the Italian Republic to pay the costs.
     amended by Regulation (EEC) No 838/93 (2), still
     apply where the discrepancy between the number of
     units for which the aid is requested and the number of
                                                                     Pleas in law and main arguments adduced in support:
     units measured is not more than 10 % of the area but
     more than two hectares?
                                                                     Under Article 189 of the EC Treaty, according to which a
2. Does the reduction with regard to aid paid in advance,            directive is to be binding, as to the result to be achieved,
     laid down by the second sentence of Article 16(1) of            upon each Member State to which it is addressed,
     Regulation (EEC) No 4115/88, as amended by                      Member States are required to observe the time-limits laid