CELEX: C2002/202/20
Language: en
Date: 2002-08-24 00:00:00
Title: Case C-246/02: Reference for a preliminary ruling by the Bundesfinanzhof by order of that Court of 7 May 2002 in the case of Hauptzollamt Hamburg-Hafen against Ricardas Jonusas

C 202/14               EN                      Official Journal of the European Communities                                       24.8.2002
Reference for a preliminary ruling by the Tribunal Supre-                 Reference for a preliminary ruling by the Bundesfinanz-
mo, Sala de lo Contencioso-Administrativo, Sección: Ter-                 hof by order of that Court of 7 May 2002 in the case of
cera by order of that Court of 16 May 2002 in the                           Hauptzollamt Hamburg-Hafen against Ricardas Jonusas
appeal brought by Asociación Profesional de Empresas de
Reparto y Manipulado de Correspondencia and Asocia-
ción Nacional de Empresas de Externalización y Gestión                                          (Case C-246/02)
                de Envı́os y Pequeña Paqueterı́a
                                                                                                   (2002/C 202/20)
                         (Case C-240/02)
                                                                          Reference has been made to the Court of Justice of the
                                                                          European Communities by order of the Bundesfinanzhof
                         (2002/C 202/19)                                  (Federal Finance Court) of 7 May 2002, received at the Court
                                                                          Registry on 8 July 2002, for a preliminary ruling in the case of
                                                                          Hauptzollamt Hamburg-Hafen against Ricardas Jonusas on the
                                                                          following questions:
                                                                          1.   Is Article 4(19) of the Customs Code to be interpreted as
                                                                               meaning that the notification to the customs authorities
Reference has been made to the Court of Justice of the                         of the arrival at a particular place of goods introduced into
European Communities by order of the Tribunal Supremo, Sala                    the Community customs territory must refer expressly
de lo Contencioso-Administrativo, Sección: Tercera (Supreme                   to goods which are hidden or concealed in secret
Court, Contentious-Administrative Chamber, Third Section) of                   compartments?
16 May 2002, received at the Court Registry on 1st July 2002,
for a preliminary ruling in the appeal brought by Asociación
Profesional de Empresas de Reparto y Manipulado de Corres-                2.   If Question 1 is answered affirmatively:
pondencia (Trade Association of Mail Delivery and Handling
Companies) and Asociación Nacional de Empresas de Exter-                      Is Article 40 of the Customs Code to be interpreted as
nalización y Gestión de Envı́os y Pequeña Paqueterı́a (National             meaning that such notification must also be made by the
Association of Companies dedicated to the Externalisation and                  driver of a lorry who was not aware and should not have
Handling of Letters and Small Packages) on the following                       been aware of the goods hidden or concealed in the lorry?
questions:
Does the interpretation of Recital 21 to Directive 97/67/EC (1)
permit the exclusion from ‘self-provision’ of postal services
provided by the sender (or another person acting exclusively
on his behalf), if that person is not also the receiver, if the
services are provided in the course of his commercial activity,           Reference for a preliminary ruling by the Tribunale
or carried out using the mailbag system or other similar                  Amministrativo Regionale per la Lombardia Sezione
methods, or if self-provision disrupts the services reserved to           staccata di Brescia by order of that Court of 22 June 2002
the universal service provider?                                           in the case of Sintesi S.p.A. against Autorità per la
                                                                          Vigilanza sui Lavori Pubblici; intervener: Ingg. Provera e
                                                                                                    Carrassi S.p.A.
May money order services be included amongst those reserved                                        (Case C-247/02)
to the universal postal service provider?
                                                                                                   (2002/C 202/21)
(1) Directive 97/67/EC of the European Parliament and of the Council
    of 15 December 1997 on common rules for the development of
    the internal market of Community postal services and the              Reference has been made to the Court of Justice of the
    improvement of quality of service. (OJ L 15 of 21.1.1998, p. 14.)     European Communities by order of the Tribunale Amministra-
                                                                          tivo Regionale per la Lombardia Sezione staccata di Brescia
                                                                          (Lombardy Regional Administrative Court, Brescia Chamber)
                                                                          of 22 June 2002, received at the Court Registry on 8 July
                                                                          2002, for a preliminary ruling in the case of Sintesi S.p.A.
                                                                          against Autorità per la Vigilanza sui Lavori Pubblici; intervener:
                                                                          Ingg. Provera e Carrassi S.p.A. on the following questions: