Case C-315/07: Reference for a preliminary ruling from the Landesgericht Klagenfurt (Austria), lodged on 9 July 2007 — A-Punkt Schmuckhandels GmbH v Claudia Schmidt
Date: 2007-11-10
Institutions: Court of Justice
Subjects: door-to-door selling, free movement of goods, interpretation of the law, jewellery and goldsmith's articles

C 269/16

EN

Official Journal of the European Union

10.11.2007

Judgment of the Court (Sixth Chamber) of 13 September
2007 (reference for a preliminary ruling from the Hoge
Raad der Nederlanden (Netherlands)) — Codirex Expeditie
BV v Staatssecretaris van Financiën

Reference for a preliminary ruling from the Landesgericht
lodged on 9 July 2007 — A-Punkt
Klagenfurt (Austria),

Schmuckhandels GmbH v Claudia Schmidt

(Case C-400/06) (1)

(Common Customs Tariff — Combined Nomenclature —
Tariff classification — Subheading 0202 30 50 — Cuts of
frozen boned meat from a part of the forequarter of bovine
animals)

(2007/C 269/30)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: Codirex Expeditie BV

Defendant: Staatssecretaris van Financiën

Re:

Preliminary ruling — Hoge Raad der Nederlandem — Interpre-
tation of Additional Note 1.A.(h)(11) to Chapter 2 of Commis-
sion Regulation (EC) No 2204/1999 of 12 October 1999
amending Annex I to Council Regulation (EEC) No 2658/87 on
the tariff and statistical nomenclature and on the Common
Customs Tariff (OJ 1999 L 278, p. 1) — Frozen boned meat
derived from a part of the forequarter

Operative part of the judgment

1. Annex I to Council Regulation (EEC) No 2658/87 of 23 July
1987 on the tariff and statistical nomenclature and on the
Common Customs Tariff, as amended by Commission Regulation
(EC) No 2204/1999 of 12 October 1999, must be interpreted as
meaning that pieces of frozen boned meat from the forequarter part
of the bovine animal come under subheading 0202 30 50 of the
Combined Nomenclature.

2. Annex I to Regulation No 2658/87, as amended by Regulation
No 2204/1999, must be interpreted as meaning that pieces of
frozen boned meat from the forequarter of the bovine animal do
not have to satisfy any other conditions, and in particular, do not
have to come from the same animal, in order to be classified under
subheading 0202 30 50.

(1) JO C 310, 16.12.2006.

(Case C-315/07)

(2007/C 269/31)

Language of the case: German

Referring court

Landesgericht Klagenfurt

Parties to the main proceedings

Applicant: A-Punkt Schmuckhandels GmbH

Defendant: Claudia Schmidt

Questions referred

1. Does a rule of a Member State which prohibits the sale of
silver jewellery by way of calling on private individuals for
the purposes of selling, and collecting orders for, items of
silver jewellery with a maximum individual value of EUR 40
constitute a restriction on the free movement of goods
within the meaning of Articles 28 EC and 30 EC, if market
access for Community goods is possible only by way of an
additional burden on those goods in the form of the costs
involved in changing marketing structures and making
changes to, and extending, product ranges?

If Question 1 is answered in the affirmative:

2. Does a national rule which, contrary to Articles 28 EC and
30 EC, prohibits the sale of items of silver jewellery with a
maximum individual value of EUR 40 by way of calling on
private individuals for the purposes of selling, and collecting
orders for, such silver jewellery constitute a justifiable and
proportionate measure which precludes the right of an indi-
vidual to sell items of silver jewellery with a maximum indi-
vidual value of EUR 40 by way of calling on private indivi-
duals for the purposes of selling, and collecting orders for,
silver jewellery?

for

Reference
from the
preliminary
Verwaltungsgericht Giessen lodged on 9 July 2007 —
Markus Stoß v Wetteraukreis

ruling

a

(Case C-316/07)

(2007/C 269/32)

Language of the case: German

Referring court

Verwaltungsgericht Giessen