CELEX: C1996/145/12
Language: en
Date: 1996-05-18 00:00:00
Title: Reference for a preliminary ruling by the Bundesgerichtshof by order of that court of 29 February 1996 in the appeal on a point of law brought by Hans-Hermann Mietz against the limited-liability company Intership Yachting Sneek BV (Case C-99/96)

No C 145/6                EN                 Official Journal of the European Communities                                      18 . 5 . 96
        Article 6 ( 2 ) of Decision No 1 /80 as periods of legal        If either the first or the second and third questions are
        employment ?                                                    answered in the negative :
 ( b ) Is a Turkish employee who holds work and residence               4 . Does the possibility provided for in Articles 289 to
        permits entitling him to work as a specialist chef duly              297 of the Netherlands Wetboek van Burgerlijke
        registered as belonging to the labour force of a Member              Rechtsvordering ( Code of Civil Procedure ) for
        State within the meaning of Article 6 ( 1 ) of Decision              obtaining a judgment ordering payment of contractual
        No 1 /80 even in the case where he was aware from the
                                                                             consideration through application for an immediate
         beginning of his residence in that Member State that he             interim order by way of an abbreviated procedure ('kort
        would be granted a residence permit only for a total                 geding') constitute a provisional measure within the
        period of validity of three years and only in order                  meaning of Article 24 of the Brussels Convention ?
        to carry out a specified activity with a named
        employer ?
 ( c ) If the Court of Justice should take the view that a
        person as described in question ( b ) is duly registered as
        belonging to the labour force of a Member State, does
        the power under Article 6 ( 3 ) of Decision No 1 /80
        entitle Member States to create rights of residence that        Reference for a preliminary ruling by the High Court of
        do not from the outset form part of the benefits under         Justice, Queen's Bench Division, by order of that court of
        Article 6 ( 1 ) of Decision No 1 /80 ?                          3 November 1995 , in the case of The Queen against
                                                                        Ministry of Agriculture, Fisheries and Food, ex parte:
                                                                                      British Agrochemicals Association Ltd
                                                                                                 ( Case C-100/96 )
                                                                                                   ( 96/C 145/ 13 )
Reference for a preliminary ruling by the Bundesgerichtshof
by order of that court of 29 February 1996 in the appeal on a
point of law brought by Hans-Hermann Mietz against the                  Reference has been made to the Court of Justice of the
    limited-liability company Intership Yachting Sneek BY               European Communities by an order of the High Court of
                                                                       Justice , Queen's Bench Division, of 3 November 1995 ,
                           ( Case C-99/96 )                             which was received at the Court Registry on 25 March
                             ( 96/C 145/12 )                            1996 , for a preliminary ruling in the case of The Queen
                                                                       against Ministry of Agriculture, Fisheries and Food, ex
Reference has been made to the Court of Justice of                     parte: British Agrochemicals Association Ltd, on the
the European Communities by an order of the                             following questions :
Bundesgerichtshof ( Federal Court of Justice ) — Ninth Civil
Chamber — of 29 February 1 996 , which was received at the              1 . Does Council Directive 91 /414/EEC ( ! ) of 15 July 1991
Court Registry on 26 March 1 996 , for a preliminary ruling                 concerning the placing of plant protection products on
in the appeal on a point of law brought by Hans-Hermann                     the market as amended allow a Member State to permit
Mietz against the limited-liability company Intership                       the placing on the market of a plant protection product
Yachting Sneek BV on the following questions :                              imported from another EEA State or from a third
                                                                            country because the Member State considers that
1 . Is there a sale of goods on instalment credit terms within            . product to be identical to a master plant protection
       the meaning of point ( 1 ) of the first paragraph of                 product which has already been authorized by that
       Article 13 of the Brussels Convention in the case where,             Member State pursuant to Articles 4 ( 1 ) or 8 ( 2 ) of the
       in a document described by the parties as a 'contract of             Directive, when the imported product is deemed to be
       sale', one of the parties undertakes to manufacture a                identical to the master product if:
       specific type of motor yacht with nine specified
       alterations and to transfer it to the other party, and the
                                                                              ( i ) the active ingredient in the imported product is
       latter is required to pay DM 250 000 for it in five                          manufactured by the same company ( or by an
       instalments ?
                                                                                    associated undertaking or under licence ) as the
If the first question is answered in the negative:                                  active ingredient of the master product and is the
                                                                                    same within variations accepted by the registration
2 . Is the contract described under ( 1 ) a contract for the                        authority; and
      supply of goods within the meaning of point ( 3 ) of
      the first paragraph of Article 13 of the Brussels                     ( ii ) the formulation of the imported product is
       Convention ?                                                                 produced by the same company ( or by an
                                                                                    associated undertaking or under licence ) as that of
3 . Under the second paragraph of Article 34 of the Brussels                        the master product and any differences in the
      Convention , in conjunction with the second paragraph                         nature, quality and quantity of the components are
      of Article 28 thereof, must account also be taken of new                      deemed by the registration authority to have no
      facts which, according to the debtor, establish that the                      material effect on the safety of humans, domestic
      court of the State of origin breached the provisions of                       animals, livestock, wildlife or the environment
      Section 4 of Title II of that Convention ?                                    generally, or on efficacy ?