Case C-290/01: Reference for a preliminary ruling by the Cour de Cassation (Chambre commerciale, financière et économique) by judgment of that court of 17 July 2001 in the case of Receveur Principal des Douanes Françaises de Villepinte against Société Tang Frères, subrogated to the rights of Derruder et Cie
Date: 2001-10-13
Institutions: Court of Justice
Subjects: customs regulations, import, import levy, interpretation of the law, right of action

13.10.2001

EN

Official Journal of the European Communities

C 289/13

Reference for a preliminary ruling by the Cour de
Cassation (Chambre commerciale, financière et écono-
mique) by judgment of that court of 17 July 2001 in the
case of Receveur Principal des Douanes Françaises de
Villepinte against Société Tang Frères, subrogated to the
rights of Derruder et Cie

expressly authorised, and also in with regard to compliance
with the principle of equal treatment? (1)’

(1) OJ L 117 of 7.5.1997, p. 15.

(Case C-290/01)

(2001/C 289/24)

Reference has been made to the Court of Justice of the
European Communities by judgment of the Cour de Cassation
(Court of Cassation), Chambre commerciale,
financière et
économique (Commercial, Financial and Economic Division)
of 17 July 2001, which was received at the Court Registry on
23 July 2001, for a preliminary ruling in the case of Receveur
Principal des Douanes Françaises de Villepinte against Société
Tang Frères, subrogated to the rights of Derruder et Cie.
The Cour de Cassation (Chambre commerciale, financière et
économique) asks the Court of Justice to give a preliminary
ruling on the following question:

‘On a proper construction of Article 70(1) of the Community
Customs Code, where a representative of the declarant is
present when the customs authorities takes a sample of the
goods and he does not challenge the representativeness of that
sample, is the declarant no longer entitled to challenge the
representativeness of that sample before the Tribunal hearing
the application for payment of the additional import levies
considered by the Customs authorities to be due?’

Reference for a preliminary ruling by the Consiglio di
Stato by order of that court of 12 June 2001 in the case
of Infostrada S.p.A. against Ministero del Tesoro, del
Bilancio e della Programmazione economica

(Case C-293/01)

(2001/C 289/25)

Reference has been made to the Court of Justice of the
European Communities by order of the Consiglio di Stato
(Council of State) of 12 June 2001, received at the Court
Registry on 23 July 2001, in the case of Infostrada S.p.A.
against Ministero del Tesoro, del Bilancio e della Programma-
zione economica on the following question:

‘Does Directive 97/13/EC permit the Member States to require
solely those undertakings holding a licence or authorisation to
carry on telecommunications activities to make compulsory
financial payments, other than and in addition to those

Reference for a preliminary ruling by the Giudice di pace
di Casale Monferrato by order of 16 July 2001 in the case
of Fontaneto Industria Alimentare S.r.l. v A.S.L. No 21
— Dipartimento di Prevenzione Servizio Igiene Alimenti
e Nutrizione, Casale Monferrato (AL)

(Case C-295/01)

(2001/C 289/26)

Reference has been made to the Court of Justice of the
European Communities by order of 16 July 2001 by the
Giudice di pace di Casale Monferrato (Magistrate’s Court,
Casale Monferrato) which was received at the Court Registry
on 25 July 2001, for a preliminary ruling in the case of
Fontaneto Industria Alimentare S.r.l. A.S.L. No 21 — Diparti-
mento di Prevenzione Servizio Igiene Alimenti e Nutrizione,
Casale Monferrato (AL), on the following questions:

1. On a proper interpretation of Article 3(1)(5) of Directive
2000/13/EC (1) of the European Parliament and of the
Council of 20 March 2000 on the approximation of the
laws of the Member States relating to the labelling,
presentation and advertising of foodstuffs, with reference
to Article 1 of Council Directive 85/374/EEC (2) of 25 July
1985 on the approximation of the laws, regulations
and administrative provisions of
the Member States
concerning liability for defective products, is the indi-
cation on the label of the period within which the
foodstuff must be consumed solely a matter for the
producer himself under his sole responsibility?

2.

3.

If the answer to Question 1 is in the affirmative, does
Community law prohibit Member States from unilaterally
imposing on foodstuff producers the obligation to indi-
cate on the label an expiry date for a product for which
Community law makes no provision?

If the answer to Question 2 is in the affirmative, can the
national court disapply the provisions of national law
which conflict with Community legislation on the points
referred to in the previous questions?

(1) OJ L 109, 6.5.2000, p. 29.
(2) OJ L 210, 7.8.1985, p. 29.