CELEX: C1999/246/27
Language: en
Date: 1999-08-28 00:00:00
Title: Case C-228/99: Reference for a preliminary ruling from the Tribunale di Cagliari, Sezione Civile, by order of that court of 21 May 1999, in the case of Silos e Mangimi Martini v Ministero delle Finanze

28.8.1999              EN                   Official Journal of the European Communities                                      C 246/13
Reference for a preliminary ruling by the Tribunale di                 4. Is Commission Regulation No 1576/95 of 30 June 1995
Genova, Sezione I, by order of that court of 25 May 1999                   likewise invalid and thus of no legal effect for lack of a
in the case of Siples srl in liquidation against (1) Ministero             statement of reasons?
delle Finanze and (2) Servizio Riscossione Tributi Conces-
sione Provinciale Genova San Paolo Riscossioni Genova                  5. Do the export operations of 30 June 1995 fall within the
                                SpA                                        scope of Commission Regulation (EC) No 1415/95 of 22
                                                                           June 1995 as a result of the invalidity of the above-
                         (Case C-226/99)                                   mentioned regulations, or by the repeal referred to in
                                                                           Question 1?
                         (1999/C 246/26)
                                                                       (1) OJ L 150 of 1.7.1995, p. 64.
Reference has been made to the Court of Justice of the                 (2) OJ L 147 of 30.6.1995, p. 65.
European Communities by order of the Tribunale Civile di
Genova Sezione I (Genoa District Court, First Chamber) of 25
May 1999, which was received at the Court Registry on 11
June 1999, for a preliminary ruling in the case of Siples srl in
liquidation against (1) Ministero delle Finanze and (2) Servizio
Riscossione Tributi Concessione Provinciale Genova San Paolo
Riscossioni Genova SpA on the following question:
Is the power to suspend the contested decision provided for in         Action brought on 16 June 1999 by the Commission
Article 244 of Regulation (EEC) No 2913/92 (1) conferred               of the European Communities against the Republic of
exclusively on the customs authority or also on the judicial                                         Austria
authority before which an appeal has been brought?
                                                                                                (Case C-231/99)
(1) Council Regulation No 2913/92 of 12.10.1992, OJ 1992 L 302,
    p. 1.
                                                                                                (1999/C 246/28)
                                                                       An action against the Republic of Austria was brought before
                                                                       the Court of Justice of the European Communities on 16 June
                                                                       1999 by the Commission of the European Communities,
                                                                       represented by Michael Niejahr, of its Legal Service, acting as
Reference for a preliminary ruling from the Tribunale di               Agent, with an address for service in Luxembourg at the office
Cagliari, Sezione Civile, by order of that court of 21 May             of Carlos Gómez de la Cruz, of its Legal Service, Wagner
1999, in the case of Silos e Mangimi Martini v Ministero               Centre, Kirchberg.
                           delle Finanze
                                                                       The applicant claims that the Court should:
                         (Case C-228/99)
                                                                       1. Declare that the Republic of Austria has failed to fulfil its
                         (1999/C 246/27)                                   obligations under the EC Treaty and
Reference has been made to the Court of Justice of the                     — Council Directive 96/32/EC (1) of 21 May 1996
European Communities by order of the Tribunale di Cagliari,                     amending Annex II to Directive 76/895/EEC relating
Sezione Civile, of 21 May 1999, which was received at the                       to the fixing of maximum levels for pesticide residues
Court Registry on 14 June 1999, for a preliminary ruling in                     in and on fruit and vegetables and Annex II to Directive
the case of Silos e Mangimi Martini v Ministero delle Finanze                   90/642/EEC relating to the fixing of maximum levels
on the following questions:                                                     for pesticide residues in and on certain products
                                                                                of plant origin, including fruit and vegetables, and
1. Does Commission Regulation No 1576/95 (1) of 30 June                         providing for the establishment of a list of maximum
     1995 repeal Commission Regulation No 1521/95 (2) of 29                     levels, and
     June 1995 and, if so, must the latter be held to have had
     no legal effects on 30 June 1995?
                                                                           — Council Directive 96/33/EC (2) of 21 May 1996
                                                                                amending the Annexes to Directives 86/362/EEC and
2. Must Commission Regulation No 1521/95 of 29 June
                                                                                86/363/EEC on the fixing of maximum levels for
     1995 be interpreted as meaning that it may be applied to
                                                                                pesticide residues in and on cereals and foodstuffs of
     export operations already underway and already completed
                                                                                animal origin respectively,
     on the same day on which the regulation itself was
     published and thus made available to the operators
     concerned?                                                            by failing to bring into force within the prescribed
                                                                           period the laws, regulations and administrative provisions
3. Is Commission Regulation No 1521/95 of 29 June 1995                     necessary to comply with those directives;
     invalid and thus of no legal effect for lack of a statement
     of reasons?                                                       2. Order the defendant to pay the costs.