Case C-429/05: Reference for a preliminary ruling from the tribunal d'instance de Saintes by judgment of that court of  16 November 2005  in Max Rampion and Marie-Jeanne Rampion (née Godard) v Franfinance SA and K par K SAS
Date: 2006-02-11
Institutions: Court of Justice
Subjects: consumer credit, consumer protection, credit control, interpretation of the law

C 36/22

EN

Official Journal of the European Union

11.2.2006

Reference for a preliminary ruling from the Finanzgericht
Hamburg by order of that court of 21 November 2005 in
Firma Laub GmbH & Co. Vieh & Fleisch Import-Export v
Hauptzollamt Hamburg-Jonas

(Case C-428/05)

(2006/C 36/44)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Finanzgericht Hamburg
(Germany) of 21 November 2005,
the Court
Registry on 2 December 2005, for a preliminary ruling in the
proceedings between Firma Laub GmbH & Co. Vieh & Fleisch
Import-Export
and Hauptzollamt Hamburg-Jonas on the
following question:

received at

first

Is a refund within the meaning of Article 11(3), subparagraph
1,
sentence, of Commission Regulation (EEC) No
3665/87 (1) unduly paid and thus to be reimbursed, where the
beneficiary presents the documents supporting payment only
in the course of the procedure for repayment and after expiry
of the time-limits set out in Articles 47(2) and 48(2)(a) of
Commission Regulation (EEC) No 3665/87?

(1) OJ 1987 L 351, p. 1 (amended, OJ 1997 L 77, p. 12).

Godard) and Franfinance SA and K par K SAS on the following
questions:

1. Are Articles 11 and 14 of Council Directive 87/102/EEC of
22 December 1986 (1) to be interpreted as allowing courts
to apply the rules on interdependence between a credit
agreement and a contract for the supply of goods or services
that is financed by that credit in cases where the credit
agreement does not refer to the goods being financed or has
been concluded in the form of a credit facility without refer-
ence to the goods being financed?

2. Does Council Directive 87/102/EEC of 22 December 1986
have an objective which extends beyond consumer protec-
tion alone to the organisation of the market and allows
courts to apply of their own motion the provisions which
flow from it?

(1) Council Directive 87/102/EEC of 22 December 1986 for

the
approximation of the laws, regulations and administrative provi-
sions of the Member States concerning consumer credit (OJ 1987 L
42, p. 48).

Reference for a preliminary ruling from the Supremo
Tribunal de Justiça by order of that court of 3 November
2005 in Merck Genéricos-Produtos Farmacêuticos, L.da v
Merck & Co. Inc and Merck Sharp & Dohme, L.da

Reference for a preliminary ruling from the tribunal d'in-
stance de Saintes by judgment of
that court of 16
November 2005 in Max Rampion and Marie-Jeanne
Rampion (née Godard) v Franfinance SA and K par K SAS

(Case C-429/05)

(2006/C 36/45)

(Language of the case: French)

Reference has been made to the Court of Justice of the Euro-
pean Communities by judgment of the tribunal d'instance de
Saintes of 16 November 2005, received at the Court Registry
on 2 December 2005, for a preliminary ruling in the proceed-
ings between Max Rampion and Marie-Jeanne Rampion (née

(Case C-431/05)

(2006/C 36/46)

(Language of the case: Portuguese)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Supremo Tribunal de Justiça
of 3 November 2005, received at the Court Registry on 5
December 2005, for a preliminary ruling in the proceedings
between Merck Genéricos-Produtos Farmacêuticos, L.da and
Merck & Co. Inc and Merck Sharp & Dohme, L.da on the
following questions:

1. Does the Court of Justice of the European Communities
have jurisdiction to interpret Article 33 of the TRIPs Agree-
ment (1)?