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5.9.

98 EN Official Journal of the European Communities C 278/31

The applicant claims that the Court of Justice should: 8 July 1998, which was received at the Court Registry on
23 July 1998, for a preliminary ruling in the case of
Roman Angonese v. Cassa di Risparmio di Bolzano SpA
Ð annul the relevant part of Commission Decision 98/ on the following question:
358/EC (1) in so far as it applies negative corrections'
in respect of supplementary levies for milk
corresponding to sums the recovery of which is the Is it compatible with Article 48(1), (2) and (3) of the EC
subject of proceedings before the competent national Treaty and Article 3(1) and Article 7(1) and (4) of Council
courts. Regulation (EEC) No 1612/68 (1) to make the admission
of candidates to a competition organised to fill posts
in a company governed by private law conditional on
Pleas in law and main arguments adduced in support: possession of the official certificate attesting to knowledge
of local languages issued exclusively by a public authority
of a Member State at a single examination centre (namely
Ð Infringement of Articles 2, 3, 5 and 8 of Council Bolzano), on completion of a procedure of considerable
Regulation (EEC) No 729/70 of 21 April 1970 on the duration (to be precise, of not less than 30 days, on
financing of the common agricultural policy (2): the account of the minimum lapse of time envisaged between
Commission is entitled to exclude from its decision the written test and the oral test)?
only expenses corresponding to incorrect application,
and a fortiori non-application, of Community law. The
sums covered to which the contested decision relates (1) Official Journal, English Special Edition 1968 II, p. 475.
are the result neither of irregularities nor of negligence
within the meaning of Regulation (EEC) No 729/70.
The corrections made by the Commission relate to
amounts which have been challenged before the
French administrative courts. The amounts in question
will be payable as soon as an enforceable judgment
has made it possible to recover them. On the other
Reference for a preliminary ruling by the Verwaltungs-
hand, Regulation (EEC) No 729/70 does not authorise
gericht Hannover by order of that court of 13 July 1998
the Commission to charge those sums to a Member
in the case of Tanja Kreil against the Federal Republic of
State when the latter has been unable to recover them
Germany
from the persons concerned.
(Case C-285/98)

Ð The imposition by the Commission of a time limit for (98/C 278/59)
recovering the amounts demanded is contrary to the
principle of sound administration as enunciated, in
particular, in Article 8 of Regulation (EEC) No 729/
Reference has been made to the Court of Justice of the
70.
European Communities by order of the Second Chamber
of the Verwaltungsgericht Hannover (Administrative
(1) Commission Decision 98/358/EC of 6 May 1998 on the Court, Hannover) of 13 July 1998, received at the Court
clearance of the accounts presented by the Member States in Registry on 24 July 1998, for a preliminary ruling in the
respect of the expenditure for 1994 of the Guarantee Section case of Tanja Kreil against the Federal Republic of
of the European Agricultural Guidance and Guarantee Fund
Germany on the following question:
(OJ L 163, 6.6.1998, p. 28).
(2) Official Journal, English Special Edition 1970 I, p. 218.

Is Council Directive 76/207/EEC (1) Ð in particular with
regard to Article 2(2) of that Directive Ð infringed by the
third sentence of paragraph 1(2) of the Soldatengesetz
(Law on Soldiers) in the version of 15 December 1995
(Bundesgesetzblatt I, p. 1737), last amended by the Law
Reference for a preliminary ruling by the Pretura of 4 December 1997 (Bundesgesetzblatt I, p. 2846),
Circondariale di Bolzano by order of that court of 8 July and paragraph 3a of the Soldatenlaufbahnverordnung
1998 in the case of Roman Angonese v. Cassa di (Regulations on soldiers' Careers) in the version published
Risparmio di Bolzano SpA (1) on 28 January 1998 (Bundesgesetzblatt I, p. 326), under
which women who enlist as volunteers may be appointed
(Case C-281/98) only to duties in the medical and military-music services
(98/C 278/58) and are excluded in any event from armed service?

(1) OJ L 39, 14.2.1976, p. 40.
Reference has been made to the Court of Justice of
the European Communities by order of the Pretura
Circondariale di Bolzano (District Court, Bolzano) of