# C_2018032EN.01001202.xml

| 29.1.2018 | EN | Official Journal of the European Union | C 32/12 |
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Request for a preliminary ruling from the Gerechtshof Den Haag (Netherlands) lodged on 6 November 2017 — Criminal proceedings against Tronex BV

(Case C-624/17)

(2018/C 032/19)

Language of the case: Dutch

Referring court

Gerechtshof Den Haag

Parties to the main proceedings

Tronex BV

Questions referred

Question 1

| 1. | (a)
Is a retailer which sends back an object returned by a consumer, or an object in its product range that has become redundant, to its supplier (namely the importer, wholesaler, distributor, producer or anyone else from whom it has obtained the object) pursuant to the agreement between the retailer and its supplier to be regarded as a holder which discards the object, within the meaning of Article 3.1 of the Framework Directive?( 1 ) (b)
Would the answer to Question 1.(1) be different if the object is one which has an easily repairable fault or defect? (c)
Would the answer to Question 1.(1) be different if the object is one which has a fault or defect of such extent or severity that it is, as a result, no longer suitable or usable for its original purpose? | (a) | Is a retailer which sends back an object returned by a consumer, or an object in its product range that has become redundant, to its supplier (namely the importer, wholesaler, distributor, producer or anyone else from whom it has obtained the object) pursuant to the agreement between the retailer and its supplier to be regarded as a holder which discards the object, within the meaning of Article 3.1 of the Framework Directive?( 1 ) | (b) | Would the answer to Question 1.(1) be different if the object is one which has an easily repairable fault or defect? | (c) | Would the answer to Question 1.(1) be different if the object is one which has a fault or defect of such extent or severity that it is, as a result, no longer suitable or usable for its original purpose? |
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| (a) | Is a retailer which sends back an object returned by a consumer, or an object in its product range that has become redundant, to its supplier (namely the importer, wholesaler, distributor, producer or anyone else from whom it has obtained the object) pursuant to the agreement between the retailer and its supplier to be regarded as a holder which discards the object, within the meaning of Article 3.1 of the Framework Directive?( 1 ) | | | | | | |
| (b) | Would the answer to Question 1.(1) be different if the object is one which has an easily repairable fault or defect? | | | | | | |
| (c) | Would the answer to Question 1.(1) be different if the object is one which has a fault or defect of such extent or severity that it is, as a result, no longer suitable or usable for its original purpose? | | | | | | |

Question 2

| 2. | (a)
Is a retailer or supplier which sells on an object returned by a consumer, or an object in its product range which has become redundant, to a buyer (of residual consignments) to be regarded as a holder which discards the object, within the meaning of Article 3.1 of the Framework Directive? (b)
Is the answer to Question 2.(1) affected by the amount of the purchase price to be paid by the buyer to the retailer or supplier? (c)
Would the answer to Question 2.(1) be different if the object is one which has an easily repairable fault or defect? (d)
Would the answer to Question 2.(1) be different if the object is one which has a fault or defect of such extent or severity that it is, as a result, no longer suitable or usable for its original purpose? | (a) | Is a retailer or supplier which sells on an object returned by a consumer, or an object in its product range which has become redundant, to a buyer (of residual consignments) to be regarded as a holder which discards the object, within the meaning of Article 3.1 of the Framework Directive? | (b) | Is the answer to Question 2.(1) affected by the amount of the purchase price to be paid by the buyer to the retailer or supplier? | (c) | Would the answer to Question 2.(1) be different if the object is one which has an easily repairable fault or defect? | (d) | Would the answer to Question 2.(1) be different if the object is one which has a fault or defect of such extent or severity that it is, as a result, no longer suitable or usable for its original purpose? |
| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --- | --------------------------------------------------------------------------------------------------------------------------------- | --- | -------------------------------------------------------------------------------------------------------------------- | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| (a) | Is a retailer or supplier which sells on an object returned by a consumer, or an object in its product range which has become redundant, to a buyer (of residual consignments) to be regarded as a holder which discards the object, within the meaning of Article 3.1 of the Framework Directive? | | | | | | | | |
| (b) | Is the answer to Question 2.(1) affected by the amount of the purchase price to be paid by the buyer to the retailer or supplier? | | | | | | | | |
| (c) | Would the answer to Question 2.(1) be different if the object is one which has an easily repairable fault or defect? | | | | | | | | |
| (d) | Would the answer to Question 2.(1) be different if the object is one which has a fault or defect of such extent or severity that it is, as a result, no longer suitable or usable for its original purpose? | | | | | | | | |

Question 3

| 3. | (a)
Is the buyer which sells on to a (foreign) third party a large consignment of goods bought from retailers and suppliers and returned by consumers, and/or goods that have become redundant, to be regarded as a holder which discards a consignment of goods, within the meaning of Article 3.1 of the Framework Directive? (b)
Is the answer to Question 3.(1) affected by the amount of the purchase price to be paid by the third party to the buyer? (c)
Would the answer to Question 3.(1) be different if the consignment of goods also contains some goods which have an easily repairable fault or defect? (d)
Would the answer to Question 3.(1) be different if the consignment of goods also contains some goods which have a fault or defect of such extent or severity that the object in question is no longer, as a result, suitable or usable for its original purpose? (e)
Is the answer to Questions 3.(3) or 3.(4) affected by the percentage of the whole consignment of the goods sold on to the third party that is made up of defective goods? If so, what percentage is the tipping point? | (a) | Is the buyer which sells on to a (foreign) third party a large consignment of goods bought from retailers and suppliers and returned by consumers, and/or goods that have become redundant, to be regarded as a holder which discards a consignment of goods, within the meaning of Article 3.1 of the Framework Directive? | (b) | Is the answer to Question 3.(1) affected by the amount of the purchase price to be paid by the third party to the buyer? | (c) | Would the answer to Question 3.(1) be different if the consignment of goods also contains some goods which have an easily repairable fault or defect? | (d) | Would the answer to Question 3.(1) be different if the consignment of goods also contains some goods which have a fault or defect of such extent or severity that the object in question is no longer, as a result, suitable or usable for its original purpose? | (e) | Is the answer to Questions 3.(3) or 3.(4) affected by the percentage of the whole consignment of the goods sold on to the third party that is made up of defective goods? If so, what percentage is the tipping point? |
| --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --- | ------------------------------------------------------------------------------------------------------------------------ | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| (a) | Is the buyer which sells on to a (foreign) third party a large consignment of goods bought from retailers and suppliers and returned by consumers, and/or goods that have become redundant, to be regarded as a holder which discards a consignment of goods, within the meaning of Article 3.1 of the Framework Directive? | | | | | | | | | | |
| (b) | Is the answer to Question 3.(1) affected by the amount of the purchase price to be paid by the third party to the buyer? | | | | | | | | | | |
| (c) | Would the answer to Question 3.(1) be different if the consignment of goods also contains some goods which have an easily repairable fault or defect? | | | | | | | | | | |
| (d) | Would the answer to Question 3.(1) be different if the consignment of goods also contains some goods which have a fault or defect of such extent or severity that the object in question is no longer, as a result, suitable or usable for its original purpose? | | | | | | | | | | |
| (e) | Is the answer to Questions 3.(3) or 3.(4) affected by the percentage of the whole consignment of the goods sold on to the third party that is made up of defective goods? If so, what percentage is the tipping point? | | | | | | | | | | |

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( 1 )  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ 2008 L 312, p. 3).

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