Case C-46/02: Reference for a preliminary ruling by the Vantaan Käräjäoikeus by order of that Court of 1 February 2002 in the case of Fixtures Marketing Ltd against Oy Veikkaus Ab
Date: 2002-05-04
Institutions: Court of Justice
Subjects: data protection, database, intellectual property, interpretation of the law, sporting event

4.5.2002

EN

Official Journal of the European Communities

C 109/27

account of the substitutive nature of certain food and drink
products (such as, in particular, breakfast cereals enriched with
vitamin D).

Reference for a preliminary ruling by the Landgericht
Stuttgart by order of that Court of 8 February 2002 in the
case of Landesbausparkasse Baden-Württemberg against
Elisabeth Huttenlocher

(1) Council Directive 89/398 on the approximation of the laws of
the Member States relating to foodstuffs intended for particular
nutritional uses (OJ 1989 L 186, p. 27, as amended).

(2) Council Directive 89/107/EEC on the approximation of the laws
of the Member States concerning food additives authorised for
use in foodstuffs intended for human consumption (OJ 1989
L 40, p. 27, as amended).

Reference for a preliminary ruling by the Ålands För-
valtningsdomstol by judgment of that Court of 5 February
2002 in the proceedings, brought by Diana Elisabeth
Lindman

(Case C-42/02)

(2002/C 109/44)

Reference has been made to the Court of Justice of the
European Communities by judgment of
the Ålands För-
valtningsdomstol (Administrative Court, Åland, Finland) of
5 February 2002, received at the Court Registry on 15 February
2002, for a preliminary ruling in the proceeding, brought by
Diana Elisabeth Lindman on the following question:

Does Article 49 of the Treaty establishing the European
Communities preclude a Member State from applying rules
under which lottery winnings from lotteries held in other
Member States are included in the taxable income of the
winner on assessment to income tax, whereas lottery winnings
from lotteries held in the Member State in question are exempt
from tax.

(Case C-43/02)

(2002/C 109/45)

Reference has been made to the Court of Justice of the
European Communities by order of the Landgericht Stuttgart
(Regional Court, Stuttgart) of 11 February 2002, received at
the Court Registry on 15 February 2002, for a preliminary
ruling in the case of Landesbausparkasse Baden-Württemberg
against Elisabeth Huttenlocher on the following question:

Is the second part of Article 2 of Directive 85/577/EEC(1) to
be interpreted as meaning that a close dependant (in this case
an unmarried partner) is also acting ‘in the name or on behalf
of a trader’ where that person as a consumer takes out a loan
with a trader, the trader makes the loan subject to a security
(assumption of
liability), makes the requisite form
available to that person and the borrower presents the form
for signature to his close dependant in the residence which
they share?

joint

(1) OJ L 372 of 31.12.1985, p. 31.

Reference for a preliminary ruling by the Vantaan Kärä-
jäoikeus by order of that Court of 1 February 2002 in the
case of Fixtures Marketing Ltd against Oy Veikkaus Ab

(Case C-46/02)

(2002/C 109/46)

Reference has been made to the Court of Justice of the
European Communities by order of the Vantaan Käräjäoikeus
(District Court, Vantaa) of 1 February 2002, received at the
Court Registry on 18 February 2002, for a preliminary ruling
in the case of Fixtures Marketing Ltd against Oy Veikkaus Ab
on the following questions:

1) May the requirement in Article 7(1) of the directive (1) for
a link between the investment and the making of the
database be interpreted in the sense that the ‘obtaining’
referred to in Article 7(1) and the investment directed at
it refers,
in the present case, to investment which is
directed at the determination of the dates of the matches
and the match pairings themselves and, when the criteria
for granting protection are appraised, does the drawing
up of the fixture list include investment which is not
relevant?

C 109/28

EN

Official Journal of the European Communities

4.5.2002

2)

3)

Is the object of the directive to provide protection in such
a way that persons other than the authors of the fixture
list may not, without authorisation, use the data in that
fixture list for betting or other commercial purposes?

Reference for a preliminary ruling by the Conseil d’Etat
(Belgium) Section d’administration, by judgment of 8 Feb-
ruary 2002 in the case of Commune de Braine-le-Château
against Région Wallonne — Interveners: BIFFA Waste
Services SA, Philippe Feron and Philippe De Codt

For the purposes of the directive, does the use by Veikkaus
relate to a substantial part, evaluated qualitatively and/or
quantitatively, of the database, having regard to the fact
that, of the data in the fixture list, on each occasion only
data necessary for one week is used in the weekly pools
coupons, and the fact that the data relating to the matches
is obtained and verified from sources other than the
maker of
the
season?

the database continuously throughout

(Case C-53/02)

(2002/C 109/48)

(1) Directive 96/9/EC of the European Parliament and of the Council
of 11 March 1996 on the legal protection of databases (OJ L 77,
p. 20).

Reference for a preliminary ruling by the Schleswig-
Holsteinen Oberverwaltungsgericht by order of that
Court of 31 January 2002 in the administrative-law case
of 1. Albert Anker, 2. Klaas Ras, and 3. Albertus Snoek
against Federal Republic of Germany

(Case C-47/02)

(2002/C 109/47)

Reference has been made to the Court of Justice of the
European Communities by order of the Schleswig-Holsteinen
Oberverwaltungsgericht (Higher Administrative Court, Schles-
wig-Holstein) of 31 January 2002, received at the Court
Registry on 19 February 2002, for a preliminary ruling in the
administrative-law case of 1. Albert Anker, 2. Klaas Ras, and
3. Albertus Snoek against Federal Republic of Germany on the
following question:

Are provisions of national law which require the nationality of
the flag State — in this instance German nationality — for the
exercise of the activity of master (captain) of a vessel used in
small-scale maritime shipping and flying the flag of that
Member State compatible with Article 39 of
the Treaty
establishing the European Community?

Reference has been made to the Court of Justice of the
European Communities by judgment of the Conseil d’Etat
(Council of State), Belgium (Administrative Section) of 8 Febru-
ary 2002, received at the Court Registry on 21 February 2002,
for a preliminary ruling in the case of Commune de Braine-le-
Château against Région Wallonne — Interveners: BIFFA Waste
Services SA, Philippe Feron and Philippe De Codt, on the
following question:

1. Does the obligation imposed on Member States by
Article 7 of Directive 75/442/EEC of 15 July 1975
on waste (1), as amended by Directive 91/156/EEC of
18 March 1991 (2), to draw up one or more waste
management plans relating in particular to ‘suitable
disposal sites or installations’ mean that the States to
which the Directive is addressed are required to mark on
a geographical map the precise locations of the planned
waste disposal sites or to determine location criteria
which are sufficiently precise to enable the competent
authority responsible for issuing a permit under Article 9
of the Directive to ascertain whether the site or installation
is covered by the management prescribed by the plan?

2. Do Articles 4,5 and 7 of Directive 75/442, as amended
by Directive 91/156, whether or not read in conjunction
with Article 9 of Directive 75/442, preclude a Member
State which has not adopted within the period prescribed
one or more waste management plans relating to ‘suitable
disposal sites or installations’ from issuing individual
permits to operate waste disposal installations, such as
landfills?

(1) OJ L 194 of 25.7.1975, p. 39.
(2) OJ L 78 of 26.3.1991, p. 32.