Case C-13/08: Reference for a preliminary ruling from the Bundesgerichtshof lodged on 14 January 2008 — Agricultural matter involving Erich Stamm, Anneliese Hauser and Regierungspräsidium Freiburg
Date: 2008-01-14
Institutions: Court of Justice
Subjects: Switzerland, agreement (EU), free movement of workers, frontier worker, interpretation of the law

C 92/12

EN

Official Journal of the European Union

12.4.2008

3. Raad van bestuur van de Nederlandse Mededingingsautoriteit

Question referred

4. Orange Nederland NV

Intervener: Vodafone Libertel BV

Questions referred

1. When applying Article 81(1) EC, which criteria must be
applied when assessing whether a concerted practice has as
its object the prevention, restriction or distortion of competi-
tion within the common market?

2. Is Article 81 EC to be interpreted as meaning that, when a
national court applies that provision, the evidence of a causal
connection between concerted practice and market conduct
must be adduced and appraised in accordance with the rules
of national law, provided that those rules are not less favour-
able than the rules governing similar domestic actions and
they do not make the exercise of the rights granted by Com-
munity law in practice impossible or excessively difficult?

3. When applying the concept of concerted practices

in
Article 81 EC,
is there always a presumption of a causal
connection between concerted practice and market conduct
even if the concerted practice is an isolated event and the
undertaking which took part in the practice remains active
on the market or only in those cases in which the concerted
practice has taken place with a certain degree of regularity
over a lengthy period?

Must Article 15(1) of Annex I to the Agreement between the
European Community and its Member States, of the one part,
and the Swiss Confederation, of the other, on the free move-
ment of persons (1) be interpreted as meaning that, as regards
access to a self-employed activity and the pursuit thereof, only
self-employed persons within the meaning of Article 12(1) of
Annex I to the agreement are to be afforded no less favourable
treatment in the host country than that accorded to its own
nationals, or does this also apply to self-employed frontier
workers within the meaning of Article 13(1) of Annex I to the
agreement.

(1) OJ 2002 L 114, p. 6.

Reference for a preliminary ruling from the Juzgado de
Primera Instancia e Instrucción no 5 San Javier (Spain)
lodged on 14 January 2008 — Roda Golf & Beach
Resort SL

(Case C-14/08)

(2008/C 92/21)

Language of the case: Spanish

Referring court

Juzgado de Primera Instancia e Instrucción (Court of First
Instance and Preliminary Investigations) no 5 San Javier

Reference for a preliminary ruling from the Bundesgericht-
shof
lodged on 14 January 2008 — Agricultural
matter involving Erich Stamm, Anneliese Hauser and
Regierungspräsidium Freiburg

Parties to the main proceedings

Applicant: Roda Golf & Beach Resort SL

(Case C-13/08)

(2008/C 92/20)

Language of the case: German

Questions referred

1. Does the scope of Regulation (EC) No 1348/2000 (1) extend
to the service of extrajudicial documents exclusively by and
on private persons using the physical and personal resources
of the courts and tribunals of the European Union and the
regulatory framework of European law even when no court
proceedings have been commenced? Or,

Referring court

Bundesgerichtshof

2 Does Regulation (EC) No 1348/2000 on the contrary apply
exclusively in the context of judicial cooperation between
progress
Member
court
(Articles 61(c), 67(1) and 65 EC and recital 6 of
the
preamble to Regulation 1348/2000)?

proceedings

States

and

in

Parties to the main proceedings

Erich Stamm, Anneliese Hauser
Freiburg

and Regierungspräsidium

(1) Regulation (EC) No 1348/2000 of 29 May 2000 on the service in
the Member States of judicial and extrajudicial documents in civil or
commercial matters (OJ 2000 L 160, p. 37).