Case C-238/02: Reference for a preliminary ruling by the Bundesfinanzhof by order of that Court of 7 May 2002 in the case of Hauptzollamt Hamburg-Hafen against Kazimieras Viluckas
Date: 2002-08-24
Institutions: Court of Justice
Subjects: carriage of goods, customs formalities, drivers, interpretation of the law, road transport

C 202/12

EN

Official Journal of the European Communities

24.8.2002

Reference for a preliminary ruling by the College van
Beroep by order of 12 June 2002 in the case of J. Slob
v Productschap Zuivel

Reference for a preliminary ruling by the Bundesfinanz-
hof by order of that Court of 7 May 2002 in the case of
Hauptzollamt Hamburg-Hafen against Kazimieras Viluck-
as

(Case C-236/02)

(2002/C 202/15)

Reference has been made to the Court of Justice of the
European Communities by order of 12 June 2002 by the
College van Beroep, which was received at the Court Registry
on 27 June 2002, for a preliminary ruling in the case of J. Slob
v Productschap Zuivel on the following question:

that

Can it be inferred from Article 7(1)(f) of Regulation (EEC)
No 536/93 (1)
the producer is obliged to maintain
accounts recording among other things, the availability, pro-
duction, storage, use, processing and destruction of milk and/
or milk products on his holding, such ‘stock accounts’ also
being required to contain declarations of the quantity per
month and per product of the milk and/or milk products sold,
or does that provision only lay down an obligation to record
those data as to sales?

(1) OJ 1993 L 57, p. 12.

Reference for a preliminary ruling by the Bundesge-
richtshof by order of that Court of 2 May 2002 in the case
of Freiburger Kommunalbauten GmbH Baugesellschaft &
Co. KG against Ulrike Hofstetter and Ludger Hofstetter

(Case C-237/02)

(2002/C 202/16)

Reference has been made to the Court of Justice of the
European Communities by order of the Bundesgerichtshof
(Federal Court of Justice) of 2 May 2002, received at the Court
Registry on 27 June 2002, for a preliminary ruling in the case
of Freiburger Kommunalbauten GmbH Baugesellschaft & Co.
KG against Ulrike Hofstetter and Ludger Hofstetter on the
following question:

Is a term, contained in a seller’s standard business conditions,
which provides that the purchaser of a building which is to be
constructed is to pay the total price for that building,
irrespective of whether there has been any progress in the
construction, provided that the seller has previously provided
him with a guarantee from a credit institution securing any
monetary claims the purchaser may have in respect of defective
performance or non-performance of
to be
regarded as unfair within the meaning of Article 3(1) of
Council Directive 93/13/EEC (1) of 5 April 1993 on unfair
terms in consumer contracts?

the contract,

(1) OJ L 95 of 21.4.1993, p. 29.

(Case C-238/02)

(2002/C 202/17)

Reference has been made to the Court of Justice of the
the Bundesfinanzhof
European Communities by order of
(Federal Finance Court) of 7 May 2002, received at the Court
Registry on 28 June 2002, for a preliminary ruling in the case
of Hauptzollamt Hamburg-Hafen against Kazimieras Viluckas
on the following questions:

1.

Is Article 4(19) of the Customs Code to be interpreted as
meaning that the notification to the customs authorities
of the arrival at a particular place of goods introduced into
the Community customs territory must refer expressly
to goods which are hidden or concealed in secret
compartments?

2.

If Question 1 is answered affirmatively:

Is Article 40 of the Customs Code to be interpreted as
meaning that such notification must also be made by the
driver of a lorry, or a co-driver also entitled to drive it,
who was not aware and should not have been aware of
the goods hidden or concealed in the lorry?

3.

If Question 2 is answered affirmatively:

Is the identity of the person who actually gave the
(incomplete) notification a material factor in determining
the customs debtor under the first indent of Article 202(3)
of the Customs Code?

Reference for a preliminary ruling by the Rechtbank van
Koophandel, Hasselt, by order of that Court of 28 June
2002 in the case of Douwe Egberts NV against 1. Westrom
Pharma NV and 2. Souranis Christophe and in the case of
NV Douwe Egberts against BVBA Fics-World

(Case C-239/02)

(2002/C 202/18)

Reference has been made to the Court of Justice of the
the Rechtbank van
European Communities by order of
Koophandel (Commercial Court), Hasselt, of 28 June 2002,
received at
for a
preliminary ruling in the case of Douwe Egberts NV against
1. Westrom Pharma NV and 2. Souranis Christophe and in the
case of NV Douwe Egberts against BVBA Fics-World on the
following questions:

the Court Registry on 1st

July 2002,