Case C-42/02: Reference for a preliminary ruling by the Ålands Förvaltningsdomstol by judgment of that Court of 5 February 2002 in the proceedings, brought by Diana Elisabeth Lindman
Date: 2002-05-04
Institutions: Court of Justice
Subjects: game of chance, interpretation of the law, tax exemption, tax on income

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?