Case C-303/04: Reference for a preliminary ruling by the Tribunale di Voghera, by order of that court of 1 July 2004 in the case of Lidl Italia Srl against Comune di Stradella
Date: 2004-09-11
Institutions: Court of Justice
Subjects: Italy, free movement of goods, interpretation of the law, marketing standard, technical standard, toiletries

11.9.2004

EN

Official Journal of the European Union

C 228/29

5. Does Community law impose requirements as to the nature
of the legal redress to be provided in the case where the
national courts – on the basis of,
inter alia, the answers
given by the Court of Justice of the European Communities
to the above questions – conclude that persons resident or
living in the Netherlands Antilles and Aruba and having
Netherlands nationality were improperly refused registration
for the elections of 10 June 2004?

unlawful, in so far as it applies to products coming from
another Member State of the European Union?

(1) OJ L 204 of 21.7.1998, p.37.

Reference for a preliminary ruling by the Gerechtshof te
Amsterdam by decision of that court of 13 July 2004 in
the case of Jacob Meijer B.V against Inspecteur van de
Belastingdienst – Douanedistrict Arnhem

Reference for a preliminary ruling by the Tribunale di
Voghera, by order of that court of 1 July 2004 in the case
of Lidl Italia Srl against Comune di Stradella

(Case C-304/04)

(2004/C 228/60)

(Case C-303/04)

(2004/C 228/59)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Tribunale di Voghera, of 1
July 2004, received at the Court Registry on 16 July 2004, for
a preliminary ruling in the case of Lidl
Italia Srl against
Comune di Stradella on the following question:

— Are the provisions in Article 1 of Directive 83/189/EEC
(now Directive 98/34/EC (1)) on technical standards and
regulations to be interpreted as meaning that a national
legislative provision such as Article 19 of Law No 93 of
23.3.2001, which prohibits the marketing in Italy of non-
biodegradable cotton buds for cleaning ears, comes within
the meaning of ‘technical regulation’
in Article 1 of that
directive?

— If the answer to the first question is in the affirmative,
should the provision in Article 19 of Law No 93 of
23.3.2001 have been notified beforehand to the European
Commission on the initiative of the Italian Government in
accordance with Article 8 of Directive 83/189/EEC (now
Directive 98/34/EC) in order to authorise its application in
Italy under Articles 8 and 9 of that directive?

Reference has been made to the Court of Justice of the Euro-
pean Communities by decision of
te
Amsterdam (Amsterdam Regional Court of Appeal) of 13 July
2004, received at the Court Registry on 19 July 2004, for a
preliminary ruling in the case of Jacob Meijer B.V. against
Inspecteur van de Belastingdienst – Douanedistrict Arnhem on
the following question:

the Gerechtshof

Is Commission Regulation (EC) No 2086/97 (1) of 4 November
1997 amending Annex I
to Council Regulation (EEC) No
2658/87 on the tariff and statistical nomenclature and on the
Common Customs Tariff valid in so far as it provides that
heading 8543 89 79 of the Combined Nomenclature includes
the sound cards described at paragraph 2.3 above?

(1) OJ L 312 of 14.11.1997, p. 1.

Reference for a preliminary ruling by the Gerechtshof te
Amsterdam by decision of that court of 13 July 2004 in
the case of Eagle International Freight B.V. against Inspec-
teur van de Belastingdienst – Douanedistrict Arnhem.

(Case C-305/04)

(2004/C 228/61)

— If the answer to the second question is in the affirmative
and if Article 19 of Law No 93 cited above was not notified
to the European Commission, do the principles and rules
on the free movement of goods laid down in Article 28 of
the EC Treaty, in conjunction with the provisions of Direc-
tive 83/189/EEC (now Directive 98/34/EC), allow the Italian
to apply that national provision as being
court not

Reference has been made to the Court of Justice of the Euro-
pean Communities by decision of
te
Amsterdam (Amsterdam Regional Court of Appeal) of 13 July
2004, received at the Court Registry on 19 July 2004, for a
preliminary ruling in the case of Eagle International Freight
B.V. against Inspecteur van de Belastingdienst – Douanedistrict
Arnhem on the following question:

the Gerechtshof