CELEX: C2002/109/46
Language: en
Date: 2002-05-04 00:00:00
Title: Case C-46/02: Reference for a preliminary ruling by the Vantaan Käräjäoikeus by order of that Court of 1 February 2002 in the case of Fixtures Marketing Ltd against Oy Veikkaus Ab

4.5.2002                EN                      Official Journal of the European Communities                                     C 109/27
account of the substitutive nature of certain food and drink               Reference for a preliminary ruling by the Landgericht
products (such as, in particular, breakfast cereals enriched with          Stuttgart by order of that Court of 8 February 2002 in the
vitamin D).                                                                case of Landesbausparkasse Baden-Württemberg against
                                                                                               Elisabeth Huttenlocher
                                                                                                    (Case C-43/02)
(1) Council Directive 89/398 on the approximation of the laws of
    the Member States relating to foodstuffs intended for particular
    nutritional uses (OJ 1989 L 186, p. 27, as amended).                                           (2002/C 109/45)
(2) Council Directive 89/107/EEC on the approximation of the laws
    of the Member States concerning food additives authorised for
    use in foodstuffs intended for human consumption (OJ 1989
    L 40, p. 27, as amended).                                              Reference has been made to the Court of Justice of the
                                                                           European Communities by order of the Landgericht Stuttgart
                                                                           (Regional Court, Stuttgart) of 11 February 2002, received at
                                                                           the Court Registry on 15 February 2002, for a preliminary
                                                                           ruling in the case of Landesbausparkasse Baden-Württemberg
                                                                           against Elisabeth Huttenlocher on the following question:
                                                                           Is the second part of Article 2 of Directive 85/577/EEC(1) to
                                                                           be interpreted as meaning that a close dependant (in this case
                                                                           an unmarried partner) is also acting ‘in the name or on behalf
                                                                           of a trader’ where that person as a consumer takes out a loan
                                                                           with a trader, the trader makes the loan subject to a security
                                                                           (assumption of joint liability), makes the requisite form
                                                                           available to that person and the borrower presents the form
                                                                           for signature to his close dependant in the residence which
Reference for a preliminary ruling by the Ålands För-                      they share?
valtningsdomstol by judgment of that Court of 5 February
2002 in the proceedings, brought by Diana Elisabeth
                              Lindman                                      (1) OJ L 372 of 31.12.1985, p. 31.
                           (Case C-42/02)
                                                                           Reference for a preliminary ruling by the Vantaan Kärä-
                          (2002/C 109/44)                                  jäoikeus by order of that Court of 1 February 2002 in the
                                                                             case of Fixtures Marketing Ltd against Oy Veikkaus Ab
                                                                                                    (Case C-46/02)
                                                                                                   (2002/C 109/46)
Reference has been made to the Court of Justice of the
European Communities by judgment of the Ålands För-
valtningsdomstol (Administrative Court, Åland, Finland) of
5 February 2002, received at the Court Registry on 15 February             Reference has been made to the Court of Justice of the
2002, for a preliminary ruling in the proceeding, brought by               European Communities by order of the Vantaan Käräjäoikeus
Diana Elisabeth Lindman on the following question:                         (District Court, Vantaa) of 1 February 2002, received at the
                                                                           Court Registry on 18 February 2002, for a preliminary ruling
                                                                           in the case of Fixtures Marketing Ltd against Oy Veikkaus Ab
Does Article 49 of the Treaty establishing the European                    on the following questions:
Communities preclude a Member State from applying rules
under which lottery winnings from lotteries held in other                  1)    May the requirement in Article 7(1) of the directive (1) for
Member States are included in the taxable income of the                          a link between the investment and the making of the
winner on assessment to income tax, whereas lottery winnings                     database be interpreted in the sense that the ‘obtaining’
from lotteries held in the Member State in question are exempt                   referred to in Article 7(1) and the investment directed at
from tax.                                                                        it refers, in the present case, to investment which is
                                                                                 directed at the determination of the dates of the matches
                                                                                 and the match pairings themselves and, when the criteria
                                                                                 for granting protection are appraised, does the drawing
                                                                                 up of the fixture list include investment which is not
                                                                                 relevant?
 ---pagebreak--- C 109/28                EN                     Official Journal of the European Communities                                         4.5.2002
2)    Is the object of the directive to provide protection in such        Reference for a preliminary ruling by the Conseil d’Etat
      a way that persons other than the authors of the fixture            (Belgium) Section d’administration, by judgment of 8 Feb-
      list may not, without authorisation, use the data in that           ruary 2002 in the case of Commune de Braine-le-Château
      fixture list for betting or other commercial purposes?              against Région Wallonne — Interveners: BIFFA Waste
                                                                               Services SA, Philippe Feron and Philippe De Codt
3)    For the purposes of the directive, does the use by Veikkaus
      relate to a substantial part, evaluated qualitatively and/or
      quantitatively, of the database, having regard to the fact
                                                                                                    (Case C-53/02)
      that, of the data in the fixture list, on each occasion only
      data necessary for one week is used in the weekly pools
      coupons, and the fact that the data relating to the matches
      is obtained and verified from sources other than the
      maker of the database continuously throughout the                                            (2002/C 109/48)
      season?
(1) Directive 96/9/EC of the European Parliament and of the Council
    of 11 March 1996 on the legal protection of databases (OJ L 77,
    p. 20).
                                                                          Reference has been made to the Court of Justice of the
                                                                          European Communities by judgment of the Conseil d’Etat
                                                                          (Council of State), Belgium (Administrative Section) of 8 Febru-
                                                                          ary 2002, received at the Court Registry on 21 February 2002,
                                                                          for a preliminary ruling in the case of Commune de Braine-le-
                                                                          Château against Région Wallonne — Interveners: BIFFA Waste
                                                                          Services SA, Philippe Feron and Philippe De Codt, on the
                                                                          following question:
Reference for a preliminary ruling by the Schleswig-                      1.    Does the obligation imposed on Member States by
Holsteinen Oberverwaltungsgericht by order of that                              Article 7 of Directive 75/442/EEC of 15 July 1975
Court of 31 January 2002 in the administrative-law case                         on waste (1), as amended by Directive 91/156/EEC of
of 1. Albert Anker, 2. Klaas Ras, and 3. Albertus Snoek                         18 March 1991 (2), to draw up one or more waste
             against Federal Republic of Germany                                management plans relating in particular to ‘suitable
                                                                                disposal sites or installations’ mean that the States to
                                                                                which the Directive is addressed are required to mark on
                           (Case C-47/02)                                       a geographical map the precise locations of the planned
                                                                                waste disposal sites or to determine location criteria
                                                                                which are sufficiently precise to enable the competent
                          (2002/C 109/47)                                       authority responsible for issuing a permit under Article 9
                                                                                of the Directive to ascertain whether the site or installation
                                                                                is covered by the management prescribed by the plan?
Reference has been made to the Court of Justice of the
European Communities by order of the Schleswig-Holsteinen                 2.    Do Articles 4,5 and 7 of Directive 75/442, as amended
Oberverwaltungsgericht (Higher Administrative Court, Schles-                    by Directive 91/156, whether or not read in conjunction
wig-Holstein) of 31 January 2002, received at the Court                         with Article 9 of Directive 75/442, preclude a Member
Registry on 19 February 2002, for a preliminary ruling in the                   State which has not adopted within the period prescribed
administrative-law case of 1. Albert Anker, 2. Klaas Ras, and                   one or more waste management plans relating to ‘suitable
3. Albertus Snoek against Federal Republic of Germany on the                    disposal sites or installations’ from issuing individual
following question:                                                             permits to operate waste disposal installations, such as
                                                                                landfills?
Are provisions of national law which require the nationality of
the flag State — in this instance German nationality — for the
exercise of the activity of master (captain) of a vessel used in
small-scale maritime shipping and flying the flag of that                 (1) OJ L 194 of 25.7.1975, p. 39.
Member State compatible with Article 39 of the Treaty                     (2) OJ L 78 of 26.3.1991, p. 32.
establishing the European Community?