Opinion of the Advocate General — ECLI:EU:C:1999:624
Date: 1999-12-16
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: External relations;Free movement of goods;Commercial policy;Intellectual, industrial and commercial property;Customs Union
Procedure: Reference for a preliminary ruling
Origin: Austria

summary). 
19 —Council Regulation of 1 3 July 1987 on the temporary 
importation of containers (ÒJ 1987 1. 196, p. 4). 
20 — In actual fact, the iiidgnient refers without distinction to 
Articles 28 (now, after amendment, Article 26 EC) and 
113 of the FC Treaty, adding that the delimitation of the 
respective fields of application of these provisions cannot 
affect the validity of the act, inasmuch as the respective 
procedures for establishing the intention of the Council are 
identical (paragraph 4). 
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OPINION OF MR RUIZ-JARABO — CASE C-383/98 
words, under Article 113, the Community 
has jurisdiction to lay down uniform prin­
ciples applicable to the movement from one 
point to another within the customs terri­
tory of the Community of non-Community 
goods and goods intended for export, in 
respect of which the corresponding form­
alities for export have been carried out, 
and, in the course of such movement, to 
have the customs authorities detain goods 
suspected of being counterfeit or pirated. 
31. It follows that Article 1 of Regulation 
No 3295/94 is to be interpreted as being 
applicable to situations in which goods of 
the type specified in the Regulation are, in 
the course of transit between two countries 
not belonging to the European Community, 
temporarily detained in a Member State by 
the customs authorities of that State at the 
request of a holder of a trade mark or 
similar right having his registered office in a 
non-member country. 
Conclusion 
32. In the light of the foregoing considerations, I propose that the Court should 
reply to the question referred for a preliminary ruling by the Oberster Gerichtshof 
as follows: 
Article 1 of Council Regulation (EC) N o 3295/94 of 22 December 1994 laying 
down measures to prohibit the release for free circulation, export, re-export or 
entry for a suspensive procedure of counterfeit and pirated goods is to be 
interpreted as being applicable to situations in which goods of the type specified 
in the Regulation are, in the course of transit between two countries not 
belonging to the European Community, temporarily detained in a Member State 
by the customs authorities of that State at the request of a holder of a trade mark 
or neighbouring right having his registered office in a non-member country. 
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