CELEX: C1996/145/06
Language: en
Date: 1996-05-18 00:00:00
Title: Reference for a preliminary ruling by the Corte Suprema di Cassazione - First Civil Division - by order of that court of 4 December 1995 in the case of Provincia Autonoma di Trento and Ufficio del Medico Provinciale di Trento against Dega di Depretto Gino Snc (Case C-83/96)

18 . 5 . 96            EN                   Official Journal of the European Communities                                  No C 145/3
Reference for a preliminary ruling from the Hessisches                  ( 1 ) states criteria to identify private persons or
Finanzgericht by order of that court of 7 March 1996                          organizations having a legitimate interest in protecting
in the case of Quelle Schickedanz AG and Co. v.                               consumers, and
                 Oberfinanzdirektion Frankfurt/M.
                          ( Case C-80/96 )                              ( 2 ) allows such private persons or organizations to take
                                                                              action before the courts or before competent
                             ( 96/C 145/04 )                                  administrative bodies for a decision as to whether
                                                                              contractual terms drawn up for general use are
                                                                              unfair ?
Reference has been made to the Court of Justice of the
European Communities by an order of the Hessisches
Finanzgericht ( Hessen Finance Court) of 7 March 1 996,                 (') OJ No L 95 , 21 . 4 . 1993 , p . 29 .
which was received at the Court Registry on 18 March
 1996 , for a preliminary ruling in the case of Quelle
Schickedanz         AG   and       Co . v.   Oberfinanzdirektion
Frankfurt/M. on the following questions :
( a ) Where goods put up in sets for retail sale, comprising a          Reference for a preliminary ruling by the Corte Suprema di
      brassière and briefs, are classified individually pursuant        Cassazione — First Civil Division — by order of that court
      to the Annex to Commission Regulation ( EC )                      of 4 December 1995 in the case of Provincia Autonoma di
      No 1966/94 of 28 July 1994 concerning the                         Trento and Ufficio del Medico Provinciale di Trento against
      classification of certain goods in the combined                                    Dega di Depretto Gino Snc
      nomenclature ( OJ No L 198 , 30 . 7. 1994, p . 193 ), is                                    ( Case C-83/96 )
      that classification valid, inasmuch as it thereby conflicts
      with Rule 3 ( b ) of the general rules for the                                                ( 96/C 145/06 )
      interpretation of the combined nomenclature ?
                                                                        Reference has been made to the Court of Justice of the
( b ) If the answer to question ( a ) is in the negative :              European Communities by an order of the First Civil
                                                                        Division of the Corte Suprema di Cassazione of 4 December
      Is a set put up for retail sale, comprising a knitted             1995 , which was received at the Court Registry on
      brassière and knitted briefs, covered by code number              18 March 1996 , for a preliminary ruling in the case of
                                                                        Provincia Autonoma di Trento and Ufficio del Medico
      6212 10 00 because the brassière fails to be regarded, in
      accordance with Rule 3 ( b ) of the said general rules, as        Provinciale di Trento against Dega di Depretto Gino Snc on
      the component which gives the goods their essential               the following question :
      character ?
                                                                        Must Article 3 ( 1 ) ( 6 ) of Council Directive 79/112/EEC on
                                                                        the approximation of the laws of the Member States relating
                                                                        to the labelling, presentation and advertising of foodstuffs
                                                                        for sale to the ultimate consumer (*) be interpreted as
                                                                        meaning that the expression 'established within the
                                                                        Community' used in it, refers only to the seller or refers, in
                                                                        the absence of a seller established within the Community,
Reference for a preliminary ruling by the High Court of                 also to the manufacturer and/or packager ? Must that
Justice, Queen's Bench Division, by order of that court of              provision therefore be taken to mean that, in the absence of
28 February 1996, in the case of The Queen against                      a seller established in the Community, the manufacturer
Secretary of State for Trade and Industry, ex parte:                    and/or the packager must be established in the
         ( 1 ) Consumers' Association; (2 ) Which (?) Ltd               Community ?
                          ( Case C-82/96 )
                            ( 96/C 145/05 )                             (') OJ No L 33 , 8 . 2 . 1979 , p . 1 .
Reference has been made to the Court of Justice of the
European Communities by an order of the High Court of
Justice, Queen's Bench Division, of 28 February 1 996 ,
which was received at the Court Registry on 15 March
1996 , for a preliminary ruling in the case of The Queen                Reference for a preliminary ruling from the Bayerisches
against Secretary of State for Trade and Industry, ex parte:            Landessozialgericht by order of that court of 2 February
                                                                        1996 in the case of Maria Martinez Sala v. Freistaat
( 1 ) Consumers' Association; ( 2 ) Which (?) Ltd, on the
following questions :                                                                                   Bayern
                                                                                                  ( Case C-85 /96 )
                                                                                                    ( 96/C 145/07 )
Does Article 7 ( 2 ) of Council Directive 93/13/EEC of 5 April
1993 on unfair terms in consumer contracts (^ impose
obligations on Member States to ensure that national                    Reference has been made to the Court of Justice of the
law :                                                                   European Communities by an order of the Ninth Senate of