Case C-404/06: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 28 September 2006 — Quelle AG v Bundesverband der Verbraucherzentralen und Verbraucherverbände
Date: 2006-12-16
Institutions: Court of Justice
Subjects: consumer goods, consumer protection, contract, guarantee, interpretation of the law, sale

16.12.2006

EN

Official Journal of the European Union

C 310/5

Questions referred

1. Must subheading 0202 30 50 of the Combined Nomencla-
ture (CN) be interpreted as meaning that frozen (boned)
meat derived from the part of the forequarter of the bovine
animal referred to in Additional Note 1.A.(h)(11) to Chapter
the CN may qualify for classification under that
2 of
in question is a
subheading only if
connected cut?

the cut of meat

2. If the answer to Question 1 means that meat in loose
portions may also qualify for classification under subheading
is it sufficient for classification under that
0202 30 50,
subheading that it has been established that the imported
consignment of meat consists of cuts of frozen meat all of
which are derived from the part of the forequarter referred
to in Additional Note 1.A.(h)(11) to Chapter 2 of the CN, or
must that consignment of meat, as a whole, or the indivi-
dual constituent parts thereof (cartons) also satisfy other
criteria or have other additional characteristics?

Reference for a preliminary ruling from the Hoge Raad
der Nederlanden (Netherlands) lodged on 27 September
2006 — Op- en Overslagbedrijf Van der Vaart B.V. v
Staatssecretaris van Financiën

sified as grated cheese or as powdered cheese under the
subheading 0406 20, in other words:

a) Can a product which is fat free or virtually fat free, be

classified under this subheading?

b) Can a product which consists of casein and more than
50 % moisture (serum/whey) and having the appearance
of regular granules 2 to 4 mm in size, be classified
under this subheading?

Reference for a preliminary ruling from the Bundesger-
ichtshof
lodged on 28 September 2006 —
Quelle AG v Bundesverband der Verbraucherzentralen
und Verbraucherverbände

(Germany)

(Case C-404/06)

(2006/C 310/09)

Language of the case: German

(Case C-402/06)

(2006/C 310/08)

Language of the case: Dutch

Referring court

Bundesgerichtshof

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: Op- en Overslagbedrijf Van der Vaart B.V.

Defendant: Staatssecretaris van Financiën

Questions referred

1. Must the heading 0406 of the CN be interpreted in such a
way that it can accommodate the classification of a product
obtained from curdled milk from which (a great deal of) the
serum has been extracted, of a whey-albumin content, by
weight, not exceeding 2 percent, and of which the albumins
were broken down during a drying process lasting 24 to
36 hours through the action of an added enzyme?

Parties to the main proceedings

Defendant, appellant and respondent: Quelle AG

Plaintiff, respondent and appellant: Bundesverband der Verbrau-
cherzentralen und Verbraucherbände

Question referred

Are the provisions of Article 3(2) in conjunction with the first
subparagraph of Article 3(3) and Article 3(4), or of the third
subparagraph of Article 3(3) of Directive 1999/44/EC (1) of the
European Parliament and of the Council of 25 May 1999 on
certain aspects of the sale of consumer goods and associated
guarantees to be interpreted as precluding national legislation
which provides that, where consumer goods are brought into
conformity with the contract by means of delivery of replace-
ment goods, the seller may require compensation from the
consumer for use of the goods originally delivered, which were
not in conformity with the contract?

If question 1 is answered in the affirmative:

(1) OJ 1999 L 171, p. 12.

2. What criteria are to be used with regard to fat content and
appearance to determine whether a product should be clas-