CELEX: C2001/245/07
Language: en
Date: 2001-09-01 00:00:00
Title: Case C-229/01: Reference for a preliminary ruling by the Unabhängiger Verwaltungssenat im Land Niederösterreich by order of that court of 1 June 2001 in the case of an appeal by Susanne Müller

C 245/4                EN                     Official Journal of the European Communities                                        1.9.2001
1.    Are goods which have been cleared for Community                          2000 (2) on the approximation of the laws of the Member
      transit removed from customs supervision if the transit                  States relating to the labelling, presentation and advertis-
      document T1 is temporarily removed from the consign-                     ing of foodstuffs (hereinafter ‘Directive 79/112’), and in
      ment?                                                                    particular Article 15 thereof; or
2.    If the Court answers Question 1 in the negative:                   —     Directive 2000/13/EC of the European Parliament and of
      Have goods cleared for Community transit been removed                    the Council of 20 March 2000 on the approximation of
      from customs supervision if the customs seal affixed to                  the laws of the Member States relating to the labelling,
      ensure their identification was opened and the goods                     presentation and advertising of foodstuffs (hereinafter
      were partially unloaded, without the consignment first                   ‘Directive 00/13’), and in particular Article 18 thereof
      being duly produced for customs, even though the
      operation was arranged with the persons in question by             preclude a national rule which provides that, where foodstuffs
      customs investigation officers operating incognito and             are offered for sale after the period of their minimum durability
      observed in every detail by those officers?                        has expired, that fact must, even though their expiry date is
                                                                         displayed, be communicated clearly and in a generally intelli-
3.    If the Court answers one of Questions 1 and 2 in the               gible manner?
      affirmative:
      Do special circumstances exist within the meaning of
      Article 13 of Regulation No 1430/79 (1) if a customs               (1) OJ 1979 L 33, p. 1.
                                                                         (2) OJ 2000 L 109, p. 29.
      investigation officer acting undercover has provoked
      infringements of the Community transit procedure? Does
      the deception or obviously negligent conduct of persons
      used by the principal in fulfilling the obligations assumed
      by him under the Community transit procedure preclude
      repayment to him of the duties incurred by the removal
      from customs supervision of goods cleared for Com-
      munity transit?                                                    Reference for a preliminary ruling by the Giudice di Pace
                                                                         di Palermo by order of that court of 4 May 2001 in the
                                                                         case of Riunione Adriatica di Sicurtà (RAS) Spa against
(1) OJ L 175 of 12.7.1979, p. 1.                                                                    Dario Lo Bue
                                                                                                  (Case C-233/01)
                                                                                                  (2001/C 245/08)
                                                                         Reference has been made to the Court of Justice of the
Reference for a preliminary ruling by the Unabhängiger                   European Communities by order of the Giudice di Pace
Verwaltungssenat im Land Niederösterreich by order of                    (District Court), Palermo of 18 June 2001, received at the
that court of 1 June 2001 in the case of an appeal by                    Court Registry on 18 June 2001, for a preliminary ruling in
                         Susanne Müller                                  the case of Riunione Adriatica di Sicurta (RAS) Spa against
                                                                         Dario Lo Bue on the following questions:
                         (Case C-229/01)                                 (1) Must the third subparagraph of Article 8(3) of Council
                                                                               Directive 73/239/EEC (1) as amended by Article 6 of
                         (2001/C 245/07)                                       Council Directive 92/49/EEC (2), be interpreted as pre-
                                                                               cluding national legislation which, for the purposes of
                                                                               curbing inflation, applies only to insurance against third-
Reference has been made to the Court of Justice of the                         party liability in connection with the use of motor
European Communities by order of the Unabhängiger Verwal-                      vehicles, mopeds and motor cycles and makes no pro-
tungssenat im Land Niederösterreich (Independent Adminis-                      vision for intervention in matters concerning prices of
trative Chamber in the Land of Niederösterreich), of 1 June                    goods and services in general (as distinct from vehicle
2001, received at the Court Registry on 11 June 2001, for a                    insurance), which are also factors in the calculation of the
preliminary ruling in the case of an appeal by Susanne Muller                  consumer price index?
on the following questions:
                                                                         (2) Must the third subparagraph of Article 8(3) of Council
Does                                                                           Directive 73/239/EEC, as amended by Article 6 of
                                                                               Council Directive 92/49/EEC, be interpreted as precluding
—     Council Directive 79/112/EEC of 18 December 1978(1)                      national legislation which, for the purposes of curbing
      on the approximation of the laws of the Member States                    inflation, prohibits the alteration, not only of premium
      relating to the labelling, presentation and advertising of               rates but also of the number of risk categories, the
      foodstuffs for sale to the ultimate consumer in the version              coefficients for determining the premium and differential
      prior to the entry into force of Directive 2000/13/EC of                 premium rate systems under which the premium payable
      the European Parliament and of the Council of 20 March                   depends on the claims record?