Case C-309/96

Daniele Annibaldi

v

Sindaco del Comune di Guidonia and Presidente Regione Lazio

Reference for a preliminary ruling from the Pretura Circondariale, Rome, Tivoli Division

‛Agriculture — Nature and archaeological park — Economic activity — Protection of fundamental rights — Lack of jurisdiction of the Court’

Opinion of Advocate General Cosmas delivered on 2 October 1997   I-7495

Judgment of the Court (First Chamber), 18 December 1997   I-7505

Summary of the Judgment

Community law — Principles — Fundamental rights — Observance ensured by the Court — Compatibility with the European Convention for the Protection of Human Rights of national legishtion which does not fall within the scope of Community Uw — Assessment by the Court — Precluded

(EC Treaty, Arts 164, 177 and 222)

Where national legislation is concerned with a situation which does not fall within the field of application of Community law, the Court cannot, in a reference for a preliminary ruling, give the interpretative guidance necessary for the national court to determine whether that national legislation is in conformity with the fundamental rights whose observance the Court ensures, such as those deriving in particular from the European Convention for the Protection of Human Rights and Fundamental Freedoms.

That is true of a regional law which, in establishing a nature and archaeological park in order to protect and enhance the value of the environment and the cultural heritage of the area concerned, imposes restrictions on the right to property.

First of all, there is nothing to suggest that the Law in question is intended to implement a provision of Community law either in the sphere of agriculture or in that of the environment or culture. Secondly, the Law pursues objectives other than those covered by the common agricultural policy and is general in character. Finally, given the absence of specific Community rules on expropriation and the fact that the measures relating to the common organization of the agricultural markets have no effect on systems of agricultural property ownership, it follows from the wording of Article 222 of the Treaty that the Law in question concerns an area which falls within the purview of the Member States.