Case C-476/01: Reference for a preliminary ruling by the Amtsgericht Frankenthal (Pfalz), by order of that court of 11 October 2001, in criminal proceedings against Felix Kapper
Date: 2002-03-02
Institutions: Court of Justice
Subjects: EU national, driving licence, interpretation of the law, mutual recognition principle, residence

2.3.2002

EN

Official Journal of the European Communities

C 56/5

4.

5.

Is the conclusion of a contract preceded by advertising
within the meaning of Article 13(3)(a) of the Convention
where the other party to the subsequent contract with
the consumer advertised his products by brochure in the
Contracting State of the consumer but did not advertise
the products the consumer subsequently bought in it?

Is there a consumer contract within the meaning of
Article 13 of the Convention where the seller makes an
offer by telephone from his own State to the buyer who
lives in a different State, and the offer is not accepted but
the buyer subsequently buys the product thus offered in
response to a written offer?

6. Does the consumer take the steps necessary for the
conclusion of the contract in his own State within the
meaning of Article 13(3)(b) of the Convention where an
offer is made to him in the State of his contracting
partner and he accepts that offer by telephone from his
own State?

Reference for a preliminary ruling by the Amtsgericht
Frankenthal (Pfalz), by order of that court of 11 October
2001, in criminal proceedings against Felix Kapper

(Case C-476/01)

(2002/C 56/09)

Reference has been made to the Court of Justice of the
European Communities by order of the Amtsgericht (District
Court) Frankenthal (Pfalz) of 11 October 2001, received at the
Court Registry on 7 December 2001, for a preliminary ruling
in the criminal proceedings against Felix Kapper, on the
following question:

Does Article 1(2) of Council Directive 91/439/EEC (1) of
29 July 1991 on driving licences preclude a Member State
from refusing to recognise a driving licence where, according
to its investigations, another Member State issued that licence
although the holder of the licence did not have his normal
residence there, and in appropriate cases is actual effect to be
given to that provision in that regard?

(1) OJ L 237, 1991, p. 1.

Reference for a preliminary ruling by the Verwaltungsge-
richt Stuttgart by order of 20 November 2001 in the case
of Georgios Orfanopoulos, Natasha Orfanopoulos, Melina
Orfanopoulos and Sofia Orfanopoulos against Land Ba-
den-Württemberg

(Case C-482/01)

(2002/C 56/10)

Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgericht
Stuttgart (Finance Court Stuttgart) of 20 November 2001,
received at the Court Registry on 13 December 2001, for a
preliminary ruling in the case of Georgios Orfanopoulos,
Natasha Orfanopoulos, Melina Orfanopoulos and Sofia Orfa-
nopoulos against Land Baden-Württemberg on the following
questions:

1.

Is a restriction on the freedom of movement of a foreign
EU national with many year’s residence in a host State,
ordered on account of a criminal offence under the
Betäubungsmittelgesetz (Law on Narcotics), in conformity
with European Law in terms of Article 39(3) EC on
grounds of public policy, public security or public health,
where, on account of his personal conduct, there is a
justified expectation that he will also commit future
criminal offences and where the spouse of the EU national
and his children cannot reasonably be expected to live in
his State of origin?

2. Does Article 9(1) of Council Directive 64/221/EEC(1) of
25 February 1964 preclude national legislation which no
longer provides for objection proceedings in which an
examination of expediency is also carried out in relation
to a decision of an administrative authority to expel the
holder of a residence permit from the national territory, if
a special body which is independent of the administrative
authority adopting the decision has not been established?

(1) OJ L 56, p. 850.

Action brought on 17 December 2001 by the Commission
of the European Communities against the Kingdom of
Sweden

(Case C-490/01)

(2002/C 56/11)

An action against
the Kingdom of Sweden was brought
before the Court of Justice of the European Communities on
17 December 2001 by the Commission of the European
Communities, represented by M. Wolfcarius and C. Tufvesson,
acting as Agents, with an address for service in Luxembourg.