Case C-433/05: Reference for a preliminary ruling from the Handens Tingsrätt by order of that court of  21 November 2005  in Åklagaren v Lars Sandström
Date: 2006-02-11
Institutions: Court of Justice
Subjects: exchange of information, interpretation of the law, motor vehicle, navigational code, pleasure craft, ship's passport, technical regulations

11.2.2006

EN

Official Journal of the European Union

C 36/23

2. In the event of an affirmative answer to the first question,
must national courts apply that article, on their own initia-
tive or at the request of a party,
in proceedings pending
before them?

Community law may be disapplied in relation to an indivi-
dual so that he is able to exercise that right until the ques-
tion of the existence of the right has been finally settled by
a national court?

(1) Agreement on trade-related aspects of intellectual property rights,
Annex 1C to the World Trade Organisation Agreement, approved
on behalf of the Community, with regard to matters within its
competence, by Council Decision 94/800/EC of 22 December 1994
(OJ L 336 , 23.12.1994 p. 1).

3. If the answer to Question 2 is in the affirmative:

Does it
follow from Community law that, where the
compatibility of national provisions with Community law is
being challenged, in its substantive examination of an appli-
cation for interim protection of rights under Community
law a national court must apply national provisions
governing the conditions for interim protection, or in such
a situation must the national court apply Community law
criteria for interim protection?

Reference for a preliminary ruling from the Högsta
Domstolen by order of that court of 24 November 2005
in Unibet (London) Ltd, Unibet (International) Ltd v Justi-
tiekanslern

4. If the answer to Question 3 is that Community law criteria

must be applied, what are those criteria?

(Case C-432/05)

(2006/C 36/47)

(Language of the case: Swedish)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Högsta Domstolen of 24
November 2005, received at the Court Registry on 5 December
2005, for a preliminary ruling in the proceedings between
Unibet (London) Ltd, Unibet (International) Ltd and Justitiekan-
slern on the following questions:

1. Is the requirement of Community law that national proce-
dural rules must provide effective protection of an indivi-
dual's rights under Community law to be interpreted as
meaning that an action for a declaration that certain
national substantive provisions conflict with Article 49 of
the EC Treaty must be permitted to be brought in a case
where the compatibility of the substantive provisions with
that article may otherwise be examined only as a preli-
for example, an action for damages,
minary issue in,
the national
proceedings
substantive provisions or judicial review proceedings?

infringement of

concerning

2. Does the requirement of effective legal protection under
Community law mean that the national
legal order must
provide interim protection, through which national rules
which prevent the exercise of an alleged right based on

Reference for a preliminary ruling from the Handens
Tingsrätt by order of that court of 21 November 2005 in
Åklagaren v Lars Sandström

(Case C-433/05)

(2006/C 36/48)

(Language of the case: Swedish)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Handens Tingsrätt (Sweden)
of 21 November 2005, received at the Court Registry on 5
December 2005, for a preliminary ruling in the proceedings
between Åklagaren and Lars Sandström on the following ques-
tions:

1.

(a) Does Directive 2003/44/EC of the European Parliament
and of the Council amending Directive 94/25/EC on the
approximation of the laws, regulations and administra-
tive provisions of the Member States relating to recrea-
tional craft preclude national provisions prohibiting the
use of jet-skis in places other than general waterways
and waters for which the local authorities give permis-
sion in accordance with Paragraph 3(1) of the jet-ski
regulations (1993:1053, as amended by 2004:607)

C 36/24

EN

Official Journal of the European Union

11.2.2006

(b) Is a prohibition such as that referred to in Question 1(a)
permissible only when the local authorities, in assessing
whether permission should be granted in accordance
with Paragraph 3(1), comply with the requirement that
permission must always be given for areas which fulfil
the criteria in Paragraph 3(1) to (3)?

contributions to social security in Belgium but in the State
of his employment, while all other residents of the State of
residence who are subject to the supplementary crisis contri-
bution are liable to pay contributions to social security in
Belgium?

2. Do Articles 28 to 30 EC preclude such national provisions
prohibiting the use of personal watercraft as referred to in
Question 1(a) generally or only in the circumstances referred
to in Question 1(b) above?

3. Irrespective of the foregoing, does the failure to notify the
Commission of the European Communities of the adoption
of the new jet-ski prohibition on 20 June 2004 pursuant to
Directive 83/189/EEC and Directive 98/34/EC preclude
national provisions such as those set out above?

Reference for a preliminary ruling from the Hof van
Beroep te Antwerpen by order of
that court of 29
November 2005 in 1. Lucien de Graaf, and 2. Gudula
Daniels v Belgian State

(Case C-436/05)

(2006/C 36/49)

(Language of the case: Dutch)

Reference has been made to the Court of Justice of the Euro-
the Hof van Beroep te
pean Communities by order of
Antwerpen of 29 November 2005, received at
the Court
Registry on 5 December 2005, for a preliminary ruling in the
proceedings between 1. Lucien de Graaf, and 2. Gudula Daniels
and Belgian State on the following questions:

1. Is Regulation No 1408/71 (1) applicable to a supplementary
is

crisis contribution (ACB)
intended to provide alternative financing of social security?

levied by national

law that

2. Under Article 39 EC may Belgium require a natural person,
who is resident in Belgium but who carries out (virtually) all
his professional activities in another Member State, to pay
the supplementary crisis contribution for the financing of
social security if the person concerned is not liable to pay

3. Does Article 39 EC permit a Member State to make a
distinction whereby residents in the frontier region who
work in another Member State are taxed substantially more
heavily than residents who do not live in the frontier region
and who also work in another Member State?

4. Can a resident of a Member State who performs his profes-
sional activities almost completely in another Member State
(A) rely on the principle of the ‘most favourable treatment’
where the Member State provides for a more favourable
fiscal treatment of other residents who also perform their
professional activities almost completely in a third Member
State (B)?

5. Does Article 39 EC or any other provision preclude a State
of residence from refusing a tax deduction of a sickness
insurance premium by a resident who performs his profes-
sional activities almost completely in another Member State
where a similar right of deduction is in fact available both
to inhabitants of the State of residence and to those in the
State of employment who make no use of the freedom of
movement for workers?

6. Does Article 39 EC or any other provision preclude the
State of residence from making the tax deduction of contri-
butions to sickness insurance conditional inter alia on this
sickness insurance being concluded with a local sickness
insurance fund recognised by the State of residence, when,
according to the legislation of the State of residence, it is
legally impossible for inhabitants of the State of residence
who use their right of freedom of movement for workers to
conclude supplementary sickness insurance with one of
those sickness insurance funds?

(1) Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on
the application of social security schemes to employed persons, to
self-employed person and to members of their families moving
within the Community (OJ English Special Edition (1971)(II) p.
416).