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C 278/32 EN Official Journal of the European Communities 5.9.

98

Reference for a preliminary ruling by the Corte Suprema Communities, represented by Maria Patakia and Bernard
di Cassazione by order of that court of 22 May 1998 in Mongin, both of its Legal Service, with an address for
the case of Istituto Nazionale della Previdenza Sociale v. service in Luxembourg at the office of Carlos Gómez de la
Mario Maraldi SpA Cruz, of its Legal Service, Wagner Centre, Kirchberg.
(Case C-288/98)

(98/C 278/60) The Commission claims that the Court should:

Reference has been made to the Court of Justice of the Ð declare that, by not adopting the laws, regulations and
European Communities by an order of the Corte Suprema administrative provisions necessary to comply with
di Cassazione (Supreme Court of Cassation) of 22 May Council Directive 92/51/EEC of 18 June 1992 on a
1998, which was received at the Court Registry on 27 July second general system for the recognition of
1998, for a preliminary ruling in the case of Istituto professional education and training to supplement
Nazionale della Previdenza Sociale v. Mario Maraldi SpA, Directive 89/48/EEC (1), or by not giving notice of the
on the following questions: necessary implementing measures within the
prescribed period, the Hellenic Republic has failed to
fulfil its obligations under Article 17 of that Directive
and the EC Treaty,
1. Does a provision of national law, which exempts
particular categories of undertakings (which, although
insolvent, are not being wound up and are enjoying
favourable treatment in the form of suspension of Ð order the Hellenic Republic to pay the costs.
the claims against them, including those of public
authorities, and authorisation, granted by a
discretionary administrative measure, to continue in Pleas in law and main arguments adduced in support:
business) from the payment of penalties incurred
through non-payment of social security contributions
constitute State aid within the meaning of Article 92?
The Member States are required by the binding character
of the third paragraph of Article 189 and of Article 5 of
the EC Treaty to adopt the measures needed to transpose
2. Does such a measure, considered in isolation or in Directives into national law before the expiry of the
conjunction with the special regime already enjoyed by period laid down for that purpose and to communicate
the undertaking, constitute new State aid or the those measures immediately to the Commission. That
alteration of existing aid which is therefore covered by period expired on 18 June 1994 without the Hellenic
the obligation of notification as provided for by Republic having communicated to the Commission
Article 93(3) of the EC Treaty? provisions transposing the Directive at issue into national
law.

3. If that is the case, what are the consequences of (1) OJ L 209, 24.7.1992, p. 25.
non-notification of that measure to the European
Commission as regards the powers of the national
court and, in particular, does the illegality of the aid
allow the court to refuse to apply the provision in
question?

Removal from the register of Case C-322/97 (1)
(98/C 278/62)

Action brought on 27 July 1998 by the Commission of the
By order of 6 May 1998 the President of the Fifth
European Communities against the Hellenic Republic
Chamber of the Court of Justice of the European
(Case C-289/98) Communities has ordered the removal from the register
of Case C-322/97: Commission of the European
(98/C 278/61) Communities v. Kingdom of Belgium.

(1) OJ C 331, 1.11.1997.
An action against the Hellenic Republic was brought
before the Court of Justice of the European Communities
on 27 July 1998 by the Commission of the European