Order of the Court (Seventh Chamber) of 18 November 2011 – Colapietro v Ispettorato Centrale Repressioni Frodi
(Case C-519/10)
Reference for a preliminary ruling – Articles 92(1), 103(1) and the second subparagraph of 104(3) of the Rules of Procedure – Wine sector – Regulation (EEC) No 822/87 and Regulation (EC) No 343/94 – Answer to the question admitting of no reasonable doubt – Manifest inadmissibility
1.Preliminary rulings – Answer admitting of no reasonable doubt – Application of Article 104(3) of the Rules of Procedure (Rules of Procedure of the Court of Justice, Art. 104(3)) (see para. 15)
2.Agriculture – Common organisation of the markets – Wine – Compulsory distillation of table wines – Purpose of Regulation No 343/94 – Implementation of Regulation No 822/87 (Council Regulation No 822/87, Arts 39(9) to (11) and 83; Commission Regulation No 343/94) (see paras 18-19, 22 and operative part.)
3.Member States – Obligations – Obligation to impose penalties for infringements of Union law – Observance of the principle of proportionality – Assessment by the national court (Art. 4(3) TEU) (see paras 24-25)
Re:
| Reference for a preliminary ruling – Tribunale di Bari – Wine sector – Compulsory distillation system – 1993/94 wine year – Scope | ratione temporis | of Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organisation of the market in wine (OJ 1987 L 84, p. 1) – Repeal of that regulation by Commission Regulation (EC) No 343/94 of 15 February 1994 opening compulsory distillation as provided for in Article 39 of Council Regulation (EEC) No 822/87 and derogating for the 1993/94 wine year from certain detailed rules for the application thereof (OJ 1994 L 44, p. 9) – Administrative sanction under national law for infringements of Regulation No 882/87 – Applicability in the case of infringement of Regulation No 343/94 – Proportionality of the administrative sanction imposed. |
Operative part
Commission Regulation (EC) No 343/94 of 15 February 1994 opening compulsory distillation as provided for in Article 39 of Council Regulation (EEC) No 822/87 and derogating for the 1993/94 wine year from certain detailed rules for the application thereof implements Regulation No 822/87 without either repealing or replacing it.