CELEX: C1998/209/52
Language: en
Date: 1998-07-04 00:00:00
Title: Reference for a preliminary ruling from the Pretura Circondariale, Udine (Ufficio del Giudice per le indagini preliminari), by order of that court of 20 April 1998 in the criminal proceedings pending before it against Paolo Lirussi (Case C-175/98)

C 209/26             EN                 Official Journal of the European Communities                                    4.7.98
Ð if the goods were acquired in a Member State of the                  principles contained in Article 4 of Directive 91/156/
    European Community or of the European Economic                     EEC apply and to what extent?
    Area in which they were put on sale for the first time
    without the consent of the proprietor of the trade
    mark or his representative,                                    Ð Does the activity carried on by the person under
                                                                       investigation, namely the storage of 160 kg of lead
                                                                       batteries for more than one month, without any
Ð or where goods bearing the trade mark which are                      notification to the supervisory authorities, constitute
    identical to the authentic goods bearing the same trade            temporary storage under the terms of the directive?
    mark but are imported in parallel either directly or
    indirectly from countries outside the European                 (1) OJ L 78, 26.3.1991, p. 32.
    Community or the European Economic Area are, or
    have already been, marketed within the Community or
    the European Economic Area by the proprietor of the
    trade mark or with his consent,
Ð or where goods bearing the trade mark which are                  Reference for a preliminary ruling from the         Pretura
    similar to the authentic goods bearing the same trade          Circondariale, Udine (Ufficio del Giudice per le   indagini
    mark but are imported in parallel either directly or           preliminari), by order of that court of 20 April   1998 in
    indirectly from countries outside the European                 the criminal proceedings pending before it          against
    Community or the European Economic Area are, or                                      Francesca Bizzaro
    have already been, marketed within the Community or
    the European Economic Area by the proprietor of the                                   (Case C-177/98)
    trade mark or with his consent.                                                         (98/C 209/53)
                                                                   Reference has been made to the Court of Justice of the
                                                                   European Communities by an order of the Pretura
                                                                   Circondariale (District Magistrates Court), Udine, by
                                                                   order of that court of 20 April 1998, which was received
Reference for a preliminary ruling from the Pretura
                                                                   at the Court Registry on 11 May 1998, for a preliminary
Circondariale, Udine (Ufficio del Giudice per le indagini
                                                                   ruling in the criminal proceedings pending before it
preliminari), by order of that court of 20 April 1998 in
                                                                   against Francesca Bizzaro, on the following questions:
the criminal proceedings pending before it against Paolo
                            Lirussi
                      (Case C-175/98)                              Ð What is the difference (if any) between temporary
                                                                       storage and storage of waste pending further
                        (98/C 209/52)                                  operations (or storage of materials) within the
                                                                       producer's premises, and what are the criteria for
                                                                       determining in a given case which of those forms of
Reference has been made to the Court of Justice of the                 storage is involved?
European Communities by an order of the Pretura
Circondariale (District Magistrates Court), Udine, by
order of that court of 20 April 1998, which was received           Ð Is temporary storage excluded from waste
at the Court Registry on 11 May 1998, for a preliminary                management' in the sense contemplated in Article 1(d)
ruling in the criminal proceedings pending before it                   of Directive 91/156/EEC (1) and from all the
against Paolo Lirussi, on the following questions:                     obligations in relation thereto, including the
                                                                       notification of temporary storage to the supervisory
                                                                       authorities?
Ð What is the difference (if any) between temporary
    storage and storage of waste pending further
    operations (or storage of materials) within the                Ð Is temporary storage subject to supervision and, if so,
    producer's premises, and what are the criteria for                 to what type of measures; in that regard do the
    determining in a given case which of those forms of                principles contained in Article 4 of Directive 91/156/
    storage is involved?                                               EEC apply and to what extent?
Ð Is temporary storage excluded from waste                         Ð Does the activity carried on by the person under
    management' in the sense contemplated in Article 1(d)             investigation, namely the storage of 87.5 kg of sludge
    of Directive 91/156/EEC (1) and from all the                       containing halogenated solvents for more than two
    obligations in relation thereto, including the                     months, constitute temporary storage under the terms
    notification of temporary storage to the supervisory               of the directive?
    authorities?
                                                                   (1) OJ L 78, 26.3.1991, p. 32.
Ð Is temporary storage subject to supervision and, if so,
    to what type of measures; in that regard do the