Case C-500/04: Reference for a preliminary ruling from the Finanzgericht Düsseldorf by order of that court of 29 November 2004 in the case of Proxxon GmbH against Oberfinanzdirektion Köln
Date: 2005-03-05
Institutions: Court of Justice
Subjects: Combined Nomenclature, bolt and screw industry, common customs tariff, interpretation of the law, tariff nomenclature, tool industry

C 57/14

EN

Official Journal of the European Union

5.3.2005

system for

1. Declares that, by failing to take all the measures necessary to
comply with Council Directive 89/48/EEC of 21 December 1988
on a general
the recognition of higher-education
diplomas awarded on completion of professional education and
training of at least three years' duration and, by failing to adopt
all the laws, regulations and administrative measures necessary to
comply with Council Directive 92/51/EEC of 18 June 1992 on a
second general system for the recognition of professional education
and training to supplement Directive 89/48, as regards tour
guides,
its obligations
under those directives;

the French Republic has failed to fulfil

2. Orders the French Republic to pay the costs.

(1) OJ C 168, 26.06.2004.

a

for

Reference
from the
preliminary
Finanzgericht Düsseldorf by order of that court of 29
November 2004 in the case of Proxxon GmbH against
Oberfinanzdirektion Köln

ruling

(Case C-500/04)

(2005/C 57/26)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Finanzgericht Düsseldorf
(Finance Court, Dusseldorf) (Germany) of 29 November 2004
received at the Court Registry on 2 December 2004, for a preli-
minary ruling in the case of Proxxon GmbH against Oberfi-
nanzdirektion Köln on the following questions:

1. Do separately imported screwdriver bits with square drive
for slotted-head, cross-head, TX (internal Torx) and hexagon
socket head screws, of the type described in more detail in
the order, fall within heading 8204?

2. Do separately imported parts of the square system described
in more detail in the order, which are not in direct contact
with the fastener (nut, screw) during use, fall within heading
8204?

3. Do separately

square-system torque meter
wrenches of the type described in more detail in the order
fall within heading 8204?

imported

Reference for a preliminary ruling from the Verwaltungs-
gericht Schwerin by order of that court of 9 January 2004
in the case of Agrarproduktion Staebelow GmbH against
Landrat des Landkreises Bad Doberan

(Case C-504/04)

(2005/C 57/27)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of
the Verwaltungsgericht
Schwerin (Germany) of 9 January 2004 received at the Court
Registry on 8 December 2004, for a preliminary ruling in the
case of Agrarproduktion Staebelow GmbH against Landrat des
Landkreises Bad Doberan on the following question:

Is Article 13(1)(c) in conjunction with Annex VII(2)(a) and the
third indent of Annex VII(1)(a) of Regulation (EC) No
999/2001 of the European Parliament and of the Council of 22
May 2001 (1) laying down rules for the prevention, control and
eradication of certain transmissible spongiform encephalopa-
thies as amended by Article 3(1) of and Annex II to Regulation
(EC) no 1326/2001 (2) invalid because the measure infringes
the principle of proportionality?

(1) OJ L 147, p. 1.
(2) OJ L 177, p. 60.

Reference for a preliminary ruling by the Rechtbank
Eerste Aanleg te Gent by decision of that court of 15
December 2004 in the case of Kerckhaert-Morres v
Belgische Staat

(Case C-513/04)

(2005/C 57/28)

(Language of the case: Dutch)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Rechtbank Eerste Aanleg te
Gent (Court of first instance, Ghent) – Sixth Chamber (Nether-
lands) of 1 December 2004 received at the Court Registry on
15 December 2004, for a preliminary ruling in the proceedings
between Kerckhaert-Morres
and Belgische Staat, on the
following question: