CELEX: C2004/314/08
Language: en
Date: 2004-12-18 00:00:00
Title: Case C-441/04: Reference for a preliminary ruling by the Landesgericht Klagenfurt by decision of that court of 13 August 2004 in the case of A-Punkt Schmuckhandels GesmbH against Claudia Schmidt

18.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 314/5
            
         Reference for a preliminary ruling by the Landesgericht Klagenfurt by decision of that court of 13 August 2004 in the case of A-Punkt Schmuckhandels GesmbH against Claudia Schmidt
   (Case C-441/04)
   (2004/C 314/08)
   Reference has been made to the Court of Justice of the European Communities by decision of the Landesgericht Klagenfurt (Klagenfurt Regional Court) (Austria) of 13 August 2004, received at the Court Registry on 21 October 2004, for a preliminary ruling in the case of A-Punkt Schmuckhandels GesmbH against Claudia Schmidt on the following questions:
   
               1.
            
            
               Are Articles 28/30 EC to be interpreted as guaranteeing the freedom of the defendant, in the course of her trade, to sell silver jewellery by way of calling on private individuals for the purposes of selling, and collecting orders for, silver jewellery?
            
         
               2.
            
            
               If so, does a rule of a Member State which prohibits the sale of silver jewellery by way of calling on private individuals for the purposes of selling, and collecting orders for, silver jewellery constitute a restriction on the free movement of goods within the meaning of Articles 28/30 EC?
            
         
               3.
            
            
               If so, is a national rule which, contrary to Articles 28/30 EC, prohibits the sale of silver jewellery by way of calling on private individuals for the purposes of selling, and collecting orders for, silver jewellery not contrary to the right of an individual to sell silver jewellery by way of calling on private individuals for the purposes of selling, and collecting orders for, silver jewellery?