CELEX: C2001/118/28
Language: en
Date: 2001-04-21 00:00:00
Title: Cases C-88/01, C-89/01 and C-90/01: Reference for a preliminary ruling by the Tribunale di Brescia, by orders of that court of 20 January 2001, in the cases of (1) Agricola Torriani Sas; (2) Finanziaria Immobiliare Perugino SpA and (3) San Marco SpA v Ministero delle Finanze

C 118/18                EN                        Official Journal of the European Communities                                     21.4.2001
Reference for a preliminary ruling by the Tribunale di                       The applicant claims that the Court should:
Brescia, by orders of that court of 20 January 2001, in
the cases of (1) Agricola Torriani Sas; (2) Finanziaria
                                                                             —     annul Commission decision C(2000) 3565 final of
Immobiliare Perugino SpA and (3) San Marco SpA v
                                                                                   15 November 2000 relating to State aid which Italy
                     Ministero delle Finanze
                                                                                   intends to grant to Solar Tech Srl, insofar as it has failed
                                                                                   to apply 15 % GSE (1), provided for small and medium-
             (Cases C-88/01, C-89/01 and C-90/01)                                  sized enterprises (SMEs), to the aid granted, and order the
                                                                                   Commission to pay the costs.
                          (2001/C 118/28)
References have been made to the Court of Justice of the                     Pleas in law and main arguments
European Communities by orders of 20 anuary 2001, received
at the Court Registry on 21 February 2001, for a preliminary
ruling in the cases of (1) Agricola Torriani Sas; (2) Finanziaria            The Italian Government submits that, by basing the decision
Immobiliare Perugino SpA and (3) San Marco SpA v Ministero                   not to recognise the increment provided for on a definition of
delle Finanze on the following questions:                                    SMEs which fails to take account exclusively of the require-
                                                                             ments mentioned in the rules for aid to SMEs, the Commission
1.    Is Article 11(1) of Italian Law No 448 of 23 December                  infringed those rules, which the Court has held to be binding.
      1998 (G.U.R.I. No 302 of 29 December 1998, ordinary
      supplement) compatible with Community law, in particu-
                                                                             The Italian Government further submits that the contested
      lar with Articles 10 and 12 of Council Directive
                                                                             application of the rules contained in the decision at issue is
      69/335/EEC (1), inasmuch as it provides that the adminis-
      trative charge is payable at a flat annual rate for regis-             also contrary to the principles of legitimate expectations and
                                                                             legal certainty.
      tration of ‘other company documents’ for each of the
      years from 1985 to 1992, equal to the sum of the
      sum of ITL 750 000 for public limited companies and
      partnerships limited by shares and ITL 400 000 for                     (1) GSE = maximum concession in gross subsidy equivalent granted
      private limited companies?                                                 according to the size of the undertaking and location of the
                                                                                 production unit.
2.    Is Article 11(3) of Law No 448/98 compatible with
      Community law, inasmuch as it provides that interest on
      the sums to be reimbursed in so far as they exceed the
      sum provided for by Article 11(1) should be calculated
      according to the legal rate in force at the date on which
      that Law entered into force (2.5% per annum) and not
      according to the rate provided for by Article 5 with
      respect to Article 1 of Law No 29 of 26 January 1961, as
      subsequently amended?
                                                                             Reference for a preliminary ruling by the Verwaltungsge-
                                                                             richtshof, Vienna, by order of that court of 29 January
(1) Council Directive 69/335/EEC of 17 July 1969 concerning                  2001 in appeal proceedings brought by (1) Gottfried
    indirect taxes on the raising of capital (OJ, English Special Edition                     Linhart and (2) Dr Hans Biffl
    1969 (11), p. 412).
                                                                                                      (Case C-99/01)
                                                                                                     (2001/C 118/30)
                                                                             Reference has been made to the Court of Justice of the
Action brought on 21 February 2001 by the Italian                            European Communities by order of the Verwaltungsgerichts-
Republic against the Commission of the European Com-                         hof (Supreme Administrative Court), received at the Court
                               munities                                      Registry on 28 February 2001, for a preliminary ruling in the
                                                                             appeal proceedings brought by (1) Gottfried Linhart and (2)
                                                                             Dr Hans Biffl, on the following questions:
                           (Case C-91/01)
                                                                             (1) Do Articles 28 and 30 EC, Council Directive 76/768/EEC
                          (2001/C 118/29)                                          of 27 July 1976 (1) on the approximation of the laws of
                                                                                   the Member States relating to cosmetic products, as
An action against the Commission of the European Communi-                          amended by Council Directives 88/667/EEC of
ties was brought before the Court of Justice of the European                       21 December 1988 (2) (OJ 1988 L 382, p. 46) and
Communities on 21 February 2001 by the Italian Republic,                           Council Directive 93/35/EEC of 14 June 1993 (3) (OJ
represented by Danilo Del Gaizo, Avvocato dello Stato.                             1993 L 151, p. 32) (hereinafter ‘Directive 76/768’), in