CELEX: C1998/041/16
Language: en
Date: 1998-02-07 00:00:00
Title: Reference for a preliminary ruling from the Helsingin Käräjäoikeus by order of that court of 5 November 1997 in the criminal proceedings against Sami Lasse Juhani Heinonen (Case C-394/97)

7.2.98                EN                Official Journal of the European Communities                                          C 41/9
Reference for a preliminary ruling from the Verwaltungs-                to the Duty-Free Regulation and in Article 36 of the
gericht Halle by order of that court of 1 October 1997 in               EC Treaty or on other imperative requirements of the
the case of Lidl-Fleischwerk Handelshof GmbH & Co.                      public interest, are compatible with the provisions of
              KG v. Landkreis Burgenlandkreis                           the Regulation and the Directive?
                       (Case C-393/97)
                         (98/C 41/15)                              2. Do facts (a) to (h) set out in point IV(6) of this order
                                                                        for reference constitute grounds such that a Member
                                                                        State's national restrictions based thereon are
                                                                        compatible with the provisions of the Duty-Free
Reference has been made to the Court of Justice of the                  Regulation and the Travel Directive?
European      Communities        by  an    order    of   the
Verwaltungsgericht Halle (Halle Administrative Court) of
1 October 1997, which was received at the Court Registry           3. May a rule limiting travellers' imports of alcoholic
on 19 November 1997, for a preliminary ruling in the                    drinks, which in this question also includes beer, on
case of Lidl-Fleischwerk Handelshof GmbH & Co. KG v.                    the basis of the duration of the journey be regarded as
Landkreis Burgenlandkreis on the following questions:                   compatible with the provisions of the Duty-Free
                                                                        Regulation and the Travel Directive?
1. Do provisions of the European Union, in particular
                                                                   (1) Council Regulation (EEC) No 918/83 of 28 March 1983
    Council Directive 94/65/EC of 14 December 1994 (1),                setting up a Community system of reliefs from customs duty
    preclude a national provision under which products of              (OJ L 105, 23.4.1983, p. 1).
    comminuted meat such as minced meat and ground                 (2) Council Directive 69/169/EEC of 28 May 1969 on the
    meat, even if prepared, may be put on the market on                harmonization of provisions laid down by law, regulation or
    the date of production only, unless they have been                 administrative action relating to exemption from turnover tax
    packed and labelled in an individual package for sale              and excise duty on imports in international travel (OJ, English
    to the final consumer or have been frozen or deep                  Special Edition 1969 (I), p. 232).
    frozen?
2. If so, do those provisions of the European Union apply
    also to factual situations in which the production
    plant is in the same State as that in which the
    comminuted meat product such as minced or ground               Reference for a preliminary ruling by the Tribunal
    meat is to be put on the market?                               Superior de Justicia del País Vasco (Sala de lo
                                                                   Contencioso-Administrativo) by orders of that court of
                                                                   30 July 1997 in the case of Administración del Estado
(1) OJ L 368, 31.12.1994, p. 10.                                   against Juntas Generales de Guipuzcoa; Co-defendant:
                                                                   Diputación Foral de Guipuzcoa; Intervener: Gobierno
                                                                   Vasco; Administración del Estado against Juntas Generales
                                                                   del Territorio Histórico de Alava Co-defendant:
                                                                   Diputación Foral de Alava; Intervener: Gobierno Vasco;
                                                                   and Administración del Estado against Juntas Generales
                                                                   del Territorio Histórico de Bizkaia; Intervener: Gobierno
Reference for a preliminary ruling from the Helsingin                          Vasco and Diputación Foral de Bizkaia
Käräjäoikeus by order of that court of 5 November 1997
                                                                         (Joined Cases C-400/97, C-401/97 and C-402/97)
in the criminal proceedings against Sami Lasse Juhani
                           Heinonen                                                           (98/C 41/17)
                       (Case C-394/97)
                         (98/C 41/16)                              Reference has been made to the Court of Justice of the
                                                                   European Communities by orders of the Tribunal Superior
                                                                   de Justicia del País Vasco (Sala de lo Contencioso-
Reference has been made to the Court of Justice of the             Administrativo) (High Court of Justice of the Basque
European Communities by an order of the Helsingin                  Country, Chamber for Contentious Administrative
Käräjäoikeus (Helsinki District Court) of 5 November               Proceedings) of 30 July 1997, which was received at the
1997, which was received at the Court Registry on                  Court Registry on 1 December 1997, for a preliminary
25 November 1997, for a preliminary ruling in the                  ruling in the case of Administración del Estado against
criminal proceedings against Sami Lasse Juhani Heinonen            Juntas Generales de Guipuzcoa; Co-defendant: Diputación
on the following questions:                                        Foral de Guipuzcoa; Intervener: Gobierno Vasco;
                                                                   Administración del Estado against Juntas Generales del
                                                                   Territorio Histórico de Alava Co-defendant: Diputación
1. May the Duty-Free Regulation (1) and the Travel                 Foral de Alava; Intervener: Gobierno Vasco; and
    Directive (2) be interpreted as meaning that national          Administración del Estado against Juntas Generales del
    limits laid down by Member States on imports by                Territorio Histórico de Bizkaia; Intervener: Gobierno
    travellers of beer and other alcoholic drinks, based on        Vasco and Diputación Foral de Bizkaia on the following
    grounds referred to in the ninth recital in the preamble       question: