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C 397/4 EN Official Journal of the European Communities 19.12.

98

General; H. von Holstein, Deputy Registrar, has given a Mafar Srl (C-22/97) Ð on the consequences arising under
judgment on 22 October 1998, in which it: national law from the incompatibility of a domestic
charge with Community law Ð the Court, composed of:
G. C. Rodríguez Iglesias, President, P. J. G. Kapteyn, J.-P.
1. It is not contrary to Articles 17 and 18 of Council Puissochet (Rapporteur), G. Hirsch and P. Jann (Presidents
Regulation (EEC) No 2328/91 of 15 July 1991 on of Chambers), G. F. Mancini, J. C. Moitinho de Almeida,
improving the efficiency of agricultural structures or to C. Gulmann, J. L. Murray, D. A. O. Edward, H.
Article 1 of Council Directive 75/268/EEC of 28 April Ragnemalm, L. Sevón, M. Wathelet, R. Schintgen and
1975 on mountain and hill farming and farming in K. M. Ioannou, Judges; D. Ruiz-Jarabo Colomer,
certain less-favoured areas to grant a compensatory Advocate-General; H. von Holstein, Deputy Registrar, for
allowance for permanent natural handicaps to a the Registrar, has given a judgment on 22 October 1998,
farmer whose home is not on the farm. in which it has ruled:

2. It is not contrary either to the principle of equal The obligation on a national court to disapply national
treatment or to that of legal certainty for a farmer legislation introducing a charge contrary to Community
claiming the compensatory allowance who does not law must lead that court, in principle, to uphold claims
live on his farm but more than 12 kilometres by road for repayment of that charge. Such repayment must be
from its operational centre to be required to work the ensured in accordance with the provisions of its national
farm himself, to derive at least 50 % of his income law, on condition that those provisions are not less
from farming or similar activities and, in addition, to favourable than those governing similar domestic actions
establish the existence of special grounds. and do not render virtually impossible or excessively
difficult the exercise of rights conferred by Community
law. Any reclassification of the legal relationship
(1) OJ C 74, 8.3.1997, and established between the tax authorities of a Member State
OJ C 166, 31.5.1997.
and certain companies in that State when a domestic
charge subsequently found to be contrary to Community
law was levied is therefore a matter for national law.

(1) OJ C 94, 22.3.1997.

JUDGMENT OF THE COURT


of 22 October 1998
in Joined Cases C-10/97 to C-22/97 (references for a
preliminary ruling from the Pretura Circondariale di
Roma): Ministero delle Finanze v. IN.CO.GE.'90 Srl and JUDGMENT OF THE COURT
Others (1)
(Sixth Chamber)
(Recovery of sums paid but not due Ð Treatment of a
national charge incompatible with Community law) of 22 October 1998

(98/C 397/06) in Joined Cases C-36/97 and C-37/97 (references for a


preliminary ruling from the Schleswig-Holsteinisches
Verwaltungsgericht): Hilmar Kellinghusen v. Amt für
Land- und Wasserwirtschaft Kiel and Ernst-Detlef Ketelsen
(Language of the case: Italian)
v. Amt für Land- und Wasserwirtschaft Husum (1)

(Common agricultural policy Ð Administrative fees Ð


Charging to beneficiaries)
(Provisional translation; the definitive translation will be
published in the European Court Reports) (98/C 397/07)

In Joined Cases C-10/97 to C-22/97: references to the (Language of the case: German)
Court under Article 177 of the EC Treaty from the
Pretura Circondariale di Roma (District Magistrate's
Court, Rome) (Italy) for a preliminary ruling in the
proceedings pending before that court between Ministero
(Provisional translation; the definitive translation will be
delle Finanze and IN.CO.GE.'90 Srl (C-10/97), Idelgard
published in the European Court Reports)
Srl (C-11/97), Iris'90 Srl (C-12/97), Camed Srl (C-13/97),
Pomieza Progetti Appalti Srl (PPA) (C-14/97), Edilcam Srl
(C-15/97), A. Cecchini & C. Srl (C-16/97), EMO Srl
(C-17/97), Emoda Srl (C-18/97), Sappesi Srl (C-19/97), In Joined Cases C-36/97 and C-37/97: references to
Ing. Luigi Martini Srl (C-20/97), Giacomo Srl (C-21/97), the Court under Article 177 of the EC Treaty by the
19.12.98 EN Official Journal of the European Communities C 397/5

Schleswig-Holsteinisches Verwaltungsgericht (Germany) JUDGMENT OF THE COURT


for a preliminary ruling in the proceedings pending before
(First Chamber)
that court between Hilmar Kellinghusen and Amt für
Land- und Wasserwirtschaft Kiel (joined party: of 22 October 1998
Ministerium für ländliche Räume, Landwirtschaft,
Ernährung und Tourismus des Landes Schleswig-Holstein), in Case C-143/97 (reference for a preliminary ruling from
and between Ernst-Detlef Ketelsen and Amt für Land- und the Cour du Travail, LieÁge) Office National des Pensions
Wasserwirtschaft Husum (joined party: Ministerium für (ONP): v. Francesco Conti (1)
ländliche Räume, Landwirtschaft, Ernährung und
Tourismus des Landes Schleswig-Holstein) Ð on the (Social security Ð Articles 12(2), 46(3) and 46(b) of
interpretation and validity, in Case C-36/97, of Regulation (EEC) No 1408/71 Ð Old age and death
Article 15(3) of Council Regulation (EEC) No 1765/92 of (insurance) Ð National rules against overlapping)
30 June 1992 establishing a support system for producers (98/C 397/08)
of certain arable crops (OJ L 181, 1.7.1992, p. 12) and, in
Case C-37/97, of Article 30(a) of Regulation (EEC)
No 805/68 of the Council of 27 June 1968 on the
(Language of the case: French)
common organisation of the market in beef and veal (OJ,
English Special Edition 1968 (I), p. 187), as amended by
Council Regulation (EEC) No 2066/92 of 30 June 1992
amending Regulation (EEC) No 805/68 and repealing
(Provisional translation; the definitive translation will be
Regulation (EEC) No 468/87 laying down general rules
published in the European Court Reports)
applying to the special premium for beef producers and
Regulation (EEC) No 1357/80 introducing a system of
premiums for maintaining suckler cows (OJ L 215,
30.7.1992, p. 49) Ð the Court (Sixth Chamber), In Case C-143/97: Reference to the Court under
composed of: P. J. G. Kapteyn (Rapporteur), President of Article 177 of the EC Treaty by the Cour du Travail,
the Chamber, G. Hirsch, G. F. Mancini, H. Ragnemalm LieÁge (Belgium) for a preliminary ruling in the proceedings
and R. Schintgen, Judges; F. G. Jacobs, Advocate-General; pending before that court between Office National des
H. A. Rühl, Principal Administrator, for the Registrar, Pensions (ONP) and Francesco Conti Ð application for a
gave a judgment on 22 October 1998, in which it ruled: preliminary ruling on the interpretation of Articles 12(2),
46(3) and 46(b) of Council Regulation (EEC) No 1408/71
of 14 June 1971 on the application of social security
schemes to employed persons, to self-employed persons
1. Article 15(3) of Council Regulation (EEC) No 1765/ and to members of their families moving within the
92 of 30 June 1992 establishing a support system for Community (OJ, English Special Edition 1971(II), p. 416),
producers of certain arable crops and Article 30(a) of as amended and updated by Council Regulation (EEC)
Regulation (EEC) No 805/68 of the Council of 27 June No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6), as
1968 on the common organisation of the market in amended by Council Regulation (EEC) No 1248/92 of
beef and veal, as inserted by Council Regulation 30 April 1992 (OJ L 136, 19.5.1992, p. 7) Ð the Court
(EEC) No 2066/92 of 30 June 1992 amending (First Chamber), composed of: P. Jann, President of the
Regulation (EEC) No 805/68 and repealing Chamber, D. A. O. Edward (Rapporteur) and M.
Regulation (EEC) No 468/87 laying down general Wathelet, Judges; M. S. Alber, Advocate-General; L.
rules applying to the special premium for beef Hewlett, Administrator, for the Registrar, has given a
producers and Regulation (EEC) No 1357/80 judgment on 22 October 1998, in which it has ruled that:
introducing a system of premiums for maintaining
suckler cows, prohibit the authorities in the Member
States from charging applicants administrative fees for A national rule which provides that the supplement to a
processing their applications for aid even if the mineworker's retirement pension is to be reduced by the
administrative fees fixed by those authorities amount of a retirement pension which the person
correspond to the rates which are otherwise usual in concerned may claim under a scheme of another Member
national law and those fees are so low that they are State constitutes a provision for reduction of benefit
not capable of deterring applicants from applying for within the meaning of Article 12(2) of Council Regulation
aid. (EEC) No 1408/71 of 14 June 1971 on the application of
social security schemes to employed persons, to self-
employed persons and to members of their families
2. Consideration of the questions referred has disclosed moving within the Community, as amended by Council
no factor of such a kind as to affect the validity of Regulation (EEC) No 2001/83 of 2 June 1983, and within
Regulations (EEC) No 1765/92 and Regulation (EEC) the meaning of Articles 12(2), 46(3) and 46(b) of that
No 2066/92. version of Regulation (EEC) No 1408/71, as amended by
Council Regulation (EEC) No 1248/92 of 30 April 1992.

(1) OJ C 94, 22.3.1997.


(1) OJ C 181, 14.6.1997.