CELEX: C2001/118/13
Language: en
Date: 2001-04-21 00:00:00
Title: Case C-484/00: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale per il. Lazio by judgment of that court of 6 July 2000 in the case of Carlo Balestreri against Azienda di Stato per gli Interventi nel Mercato Agricolo (AIMA) and the Ministry of the Treasury, the Budget and Planning, the other party being Parmalat SpA

21.4.2001              EN                   Official Journal of the European Communities                                       C 118/9
(1) May the provisions contained in Articles 1 and 4 of                If not:
     Council Regulation (EEC) No 3950/92 (1) of 28 December
     1992 and Articles 3 and 4 of Commission Regulation                (2) Are the provisions contained in Articles 1 and 4 of
     (EEC) No 534/93 (2) of 9 March 1993 be interpreted as                  Council Regulation (EEC) No 3950/92 of 28 December
     meaning that it is possible, in cases of administrative or
                                                                            1992 and Articles 3 and 4 of Commission Regulation
     judicial challenge to the relevant measures, to derogate               (EEC) No 534/93 of 9 March 1993 valid, in the light of
     from the time-limits prescribed for the allocation of                  Article 33 (ex 39) of the Treaty, in so far as they do not
     quotas and the operation of adjustments and levies?
                                                                            provide that derogations may be made from the periods
                                                                            prescribed by those provisions for the allocation of
If not:                                                                     individual reference quantities, for adjustments and levies
                                                                            in cases of administrative or judicial challenge to those
                                                                            provisions?
(2) Are the provisions contained in Articles 1 and 4 of
     Council Regulation (EEC) No 3950/92 of 28 December
     1992 and Articles 3 and 4 of Commission Regulation                (3) May Regulations No 3950/92 and 536/93 be interpreted
     (EEC) No 534/93 of 9 March 1993 valid, in the light of                 as meaning that the individual reference quantity need
     Article 33 (ex 39) of the Treaty, in so far as they do not             not necessarily be notified separately to each producer,
     provide that derogations may be made from the periods                  but may be communicated in other ways such as the
     prescribed by those provisions for the allocation of                   publication of notices?
     individual reference quantities, for adjustments and levies
     in cases of administrative or judicial challenge to those
     provisions?
                                                                       (1) OJ L 405 of 31.12.1992, p. 1.
                                                                       (2) OJ L 57 of 10.3.1993, p. 12.
(1) OJ L 405 of 31.12.1992, p. 1.
(2) OJ L 57 of 10.3.1993, p. 12.
                                                                       Reference for a preliminary ruling by the Tribunale
                                                                       Amministrativo Regionale per il Lazio by order of that
Reference for a preliminary ruling by the Tribunale                    court of 6 July 2000 in the case of Aziende Agricole
Amministrativo Regionale per il. Lazio by judgment of                  Visentin and Others v Azienda di Stato per gli Interventi
that court of 6 July 2000 in the case of Carlo Balestreri              nel Mercato Agricolo (AIMA), the other parties to the
against Azienda di Stato per gli Interventi nel Mercato                proceedings being Ind. Caseificio Silvio Belladelli & Figli
Agricolo (AIMA) and the Ministry of the Treasury, the                                             and Others
Budget and Planning, the other party being Parmalat SpA
                                                                                               (Case C-495/00)
                        (Case C-484/00)
                                                                                               (2001/C 118/14)
                        (2001/C 118/13)
                                                                       Reference has been made to the Court of Justice of the
Reference has been made to the Court of Justice of the                 European Communities by order of 6 July 2000 of the
European Communities by judgment of 6 July 2000 of the                 Tribunale Amministrativo Regionale per il Lazio, received at
Tribunale Amministrativo Regionale per il Lazio, received at           the Court Registry on 29 December 2000, for a preliminary
the Court Registry on 29 December 2000, for a preliminary              ruling in the case of Aziende Agricole Visentin and Others v
ruling in the case of Carlo Balestreri against Azienda di Stato        Azienda di Stato per gli Interventi nel Mercato Agricolo
per gli Interventi nel Mercato Agricolo (AIMA) and the Ministry        (AIMA), the other parties to the proceedings being Ind.
of the Treasury, the Budget and Planning, the other party being        Caseificio Silvio Belladelli & Figli and Others on the following
Parmalat SpA, on the following questions:                              questions:
(1) May the provisions contained in Articles 1 and 4 of                (1) May the provisions contained in Articles 1 and 4 of
     Council Regulation (EEC) No 3950/92 (1) of 28 December                 Council Regulation (EEC) No 3950/92 (1) of 28 December
     1992 and Articles 3 and 4 of Commission Regulation                     P92 and Articles 3 and 4 of Commission Regulation
     (EEC) No 534/93 (2) of 9 March 1993 be interpreted as                  (EEC) No 534/93 (2) of 9 March 1993 be interpreted as
     meaning that it is possible, in cases of administrative or             meaning that it is possible, in cases of administrative or
     judicial challenge to the relevant measures, to derogate               judicial challenge to the relevant measures, to derogate
     from the time-limits prescribed for the allocation of                  from the time-limits prescribed for the allocation of
     quotas and the operation of adjustments and levies?                    quotas and the operation of adjustments and levies?