Case C-315/05: Reference for a preliminary ruling from the Ufficio del Giudice di Pace di Monselice by order of that court of 12 July 2005 in LIDL Italia Srl v Comune di Arcole (VR)
Date: 2005-11-12
Institutions: Court of Justice
Subjects: distributor, interpretation of the law, labelling, producer's liability

C 281/6

EN

Official Journal of the European Union

12.11.2005

3. Does the second paragraph of Article 90 of the Treaty estab-
lishing the European Community, under which no Member
State may impose on the products of other Member States
any internal taxation of such a nature as to afford indirect
protection to other products, allow a Member State to
impose on second-hand cars imported from other Member
States excise duty at a variable rate depending on the vehi-
cle's age and engine capacity, which is laid down in the
Polish implementing order (Article 7 of the Rozporządzenie
Ministra Finansów w Sprawie Obniżenia Stawek Podatku
Akcyzowego (Order of
the Minister for Finance on the
lowering of the rates of excise duty) of 22 April 2004 —
Dziennik Ustaw No 87, heading 825, as amended), where the
duty on the sale of second-hand cars in Poland is calculated
according to a similar formula before their initial registra-
tion in Poland and this duty subsequently affects the price
of that car when it is resold?

4. Does Article 28 of the Treaty establishing the European
Community, under which quantitative
restrictions on
imports and all measures having equivalent effect are to be
prohibited between Member States — and also having
regard to Article 3(3) of Council Directive 92/12/EEC of 25
February 1992 on the general arrangements for products
subject to excise duty and on the holding, movement and
monitoring of such products — prohibit a Member State
from maintaining in force Article 81 of the Polish Law on
Excise Duty, under which persons effecting intra-Com-
munity acquisition of passenger cars not
registered in
Poland in accordance with the provisions relating to road
traffic are required, after importing them into Poland, to
submit a simplified declaration to the head of the relevant
customs office within five days of the intra-Community
acquisition?

Reference for a preliminary ruling from the Ufficio del
Giudice di Pace di Monselice by order of that court of 12
July 2005 in LIDL Italia Srl v Comune di Arcole (VR)

1. Must Directive 2000/13/EC (1) of the European Parliament
and of the Council of 20 March 2000 on the approximation
of the laws of the Member States relating to the labelling,
presentation and advertising of foodstuffs be interpreted as
meaning, in respect of pre-packaged foodstuffs under Article
1 thereof, that the obligations provided for therein, and in
particular those in Articles 2, 3 and 12, are imposed only
on the producer of the pre-packaged food product?

2. If the answer to the first question is affirmative, must Arti-
cles 2, 3 and 12 of Directive 2000/13/EC be interpreted as
located
precluding the possibility that a mere distributor,
within a Member State, of a foodstuff pre-packaged (as
defined in Article 1 of Directive 2000/13/EC) by a trader in
another Member State, may be held liable for an infringe-
ment alleged by a public authority involving a discrepancy
between the value (in this case percentage of alcohol
content) stated on the label by the producer of the pre-pack-
aged foodstuff, and may thus be penalised, even if that
distributor simply markets the foodstuff in the form in
which it is delivered by the producer of the food product
itself?

(1) OJ L 109 of 06.05.2000, p. 29.

Reference for a preliminary ruling from the Sozialgericht
Köln by order of that court of 8 August 2005 in G. Pohl-
Boskamp GmbH & Co. KG v Gemeinsamer Bundes-
ausschuss; joined parties: (1) AOK-Bundesverband KdöR,
(2) IKK-Bundesverband, (3) Bundesverband der Betriebs-
krankenkassen,
(4) Bundesverband der landwirtschaftli-
chen Krankenkassen, (5) Verband der Angestellten-Kran-
kenkassen e.V., (6) AEV — Arbeiter-Ersatzkassen-Verband
e.V.,
(9)
Federal Republic of Germany, represented by the Federal
Ministry of Health and Social Security

(7) Bundesknappschaft,

(8) Seekrankenkasse,

(Case C-315/05)

(Case C-317/05)

(2005/C 281/11)

(2005/C 281/12)

(Language of the case: Italian)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Ufficio del Giudice di Pace
di Monselice (Italy) of 12 July 2005, received at the Court
Registry on 12 August 2005, for a preliminary ruling in the
proceedings between LIDL Italia Srl and Comune di Arcole
(VR) on the following questions:

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Sozialgericht Köln (Social
Court, Cologne) (Germany) of 8 August 2005, received at the
Court Registry on 17 August 2005, for a preliminary ruling in
the proceedings between G. Pohl-Boskamp GmbH & Co. KG