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15.1.2011 |
EN |
Official Journal of the European Union |
C 13/21 |
Reference for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 27 October 2010 — Giovanni Colapietro v Ispettorato Centrale Repressioni Frodi
(Case C-519/10)
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2011/C 13/40
Language of the case: Italian
Referring court
Tribunale di Bari
Parties to the main proceedings
Applicant: Giovanni Colapietro
Defendant: Ispettorato Centrale Repressioni Frodi
Questions referred
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1. |
What is the scope of Regulation (EEC) No 822/87, (1) that is to say, its spatial and temporal application, and the purpose thereof as regards penalties, with respect to the 1993/94 wine year, the period to which the case at issue relates? |
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2. |
Is it true that Article 39 of Regulation (EEC) No 822/87 was implemented, in respect of the 1993/94 wine year, by Regulation (EEC) No 343/94 (2) of 15 February 1994 and replaced with that regulation? |
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3. |
Is the application of the fine of LIT 390 250 000 (now EUR 201 547,30 — two hundred and one thousand five hundred and forty seven point 30 euros) for failure to deliver for compulsory distillation — in respect of the 1993/94 wine year — 7 084,87 hl of table wine, that volume having been calculated by applying the compulsory distillation quota to the lees produced (15 155 hl) (the yield being 126 hl/ha and the compulsory distillation quota being 51.5 %, in accordance with Regulation (EEC) No 610/94) (3) disproportionate in effect to the offences and in breach of the principle of fair punishment, which has been set out many times by the Court of Justice? |