Case C-175/06: Reference for a preliminary ruling from the Tribunale Civile Di Genova lodged on  24 March 2006  — Alessandro Tedesco v Tomasoni Fittings SrL, RWO Marine Equipment Ltd
Date: 2006-07-01
Institutions: Court of Justice
Subjects: civil law, commercial law, industrial counterfeiting, interpretation of the law, judicial cooperation in criminal matters in the EU

C 154/8

EN

Official Journal of the European Union

1.7.2006

Reference for a preliminary ruling from the Tribunale
Civile Di Genova lodged on 24 March 2006 — Alessandro
Tedesco v Tomasoni Fittings SrL, RWO Marine Equipment
Ltd

Reference for a preliminary ruling from the Tribunal
Administrativo e Fiscal do Porto lodged on 7 April 2006
— Deutsche Lufthansa Aktiengesellschaft (LUFTHANSA) v
ANA — Aeroportos de Portugal, S.A

(Case C-175/06)

(2006/C 154/17)

(Case C-181/06)

(2006/C 154/18)

Language of the case: Portuguese

Language of the case: Italian

Referring court

Referring court

Tribunal Administrativo e Fiscal do Porto

Parties to the main proceedings

Applicant: Deutsche Lufthansa Aktiengesellschaft (LUFTHANSA)

Tribunale Civile Di Genova

Defendant: ANA — Aeroportos de Portugal, S.A

Parties to the main proceedings

Applicant: Alessandro Tedesco

Defendant: Tomasoni Fittings SrL, RWO Marine Equipment Ltd

Question(s) referred

1. Is a request for obtaining a description of goods under Arti-
cles 128 and 130 of the Italian Code of Industrial and Intel-
lectual Property, in accordance with the formal terms of the
order made by this court in the present case, one of the
forms of the taking of evidence prescribed by Council Regu-
lation (EC) No 1206/2001 of 28 May 2001 (1) (on coopera-
tion between the courts of the Member States in the taking
of evidence in civil and commercial matters) by which the
courts of one Member State may, on the basis of that regu-
lation, request that the competent court of another Member
State should itself take that evidence?

2. If the answer to question 1 is yes and the request

for
obtaining a description is incomplete or fails to comply
with the conditions under Article 4 of the regulation, is the
court to which the request is made under an obligation to:

(a) send an acknowledgment of receipt in accordance with
the conditions laid down by Article 7 of the regulation;

(b) indicate any respect in which the request may be incom-
plete so as to enable the requesting court to complete
and/or amend its request?

Questions referred

1. May the sum demanded by way of charges for administra-
tive assistance and supervision, in accordance with Article
10(1) of Decree No 12/99 of 30 July 1999, be regarded as a
fee having been ‘determined according to relevant, objective,
transparent and non-discriminatory criteria’, as required by
Article 16(3) of Directive 96/67 of the Council of the Euro-
pean Union of 15 October 1997?

2. Is it in conflict, or incompatible, with the free access to the
market for the provision of groundhandling services to third
parties provided for by Article 6 of Council Directive
96/97 (1), for payment to be required of a sum by way of
charges for administrative assistance and supervision,
in
accordance with Article 10(1) of Decree No 12/99 of 30
July 1999 and Article 18(2) of Decree-Law No 102/90 of
21 March 1990, as amended by Decree-Law No 280/99 of
26 July 1999, and other provisions fixing the amount of
that sum?

3. Is it in conflict, or incompatible, with the completion of the
internal market and the principles laid down in Articles 3(c)
and 4 of the EC Treaty, for payment to be required of a
sum by way of charges for administrative assistance and
supervision, in accordance with Article 10(1) of Decree No
12/99 of 30 July 1999 and Article 18(2) of Decree-Law No
102/90 of 21 March 1990, as amended by Decree-Law No
280/99 of 26 July 1999, and other provisions fixing the
amount of that sum?

4. May requiring payment of a sum by way of charges for
administrative assistance and supervision,
in accordance
with Article 10(1) of Decree No 12/99 of 30 July 1999 and
Article 18(2) of Decree-Law No 102/90 of 21 March 1990,
as amended by Decree-Law No 280/99 of 26 July 1999,
and other provisions fixing the amount of that sum, be
regarded as abuse within the meaning of Article 82 of the
EC Treaty?

(1) OJ L 174, page 1

(1) Council Directive 96/67/EC of 15 October 1996 on access to the
groundhandling market at Community airports (OJ 1996 L 272, p.
36).