CELEX: C2006/060/42
Language: en
Date: 2006-03-11 00:00:00
Title: Case C-457/05: Reference for a preliminary ruling from the Landgericht Wiesbaden by order of that court of  23 November 2005  in Schutzverband der Spirituosen-Industrie e.V. v Diageo Deutschland GmbH

11.3.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 60/21
            
         Reference for a preliminary ruling from the Landgericht Wiesbaden by order of that court of 23 November 2005 in Schutzverband der Spirituosen-Industrie e.V. v Diageo Deutschland GmbH
   (Case C-457/05)
   (2006/C 60/42)
   Language of the case: German
   Reference has been made to the Court of Justice of the European Communities by order of the Landgericht Wiesbaden (Wiesbaden Regional Court) (Germany) of 23 November 2005, received at the Court Registry on 27 December 2005, for a preliminary ruling in the proceedings between Schutzverband der Spirituosen-Industrie e.V. and Diageo Deutschland GmbH on the following questions:
   
               1.
            
            
               Is the second sentence of the second subparagraph of Article 5(3)(b), in conjunction with Article 5(3)(d) and Annex III, section 4, of Council Directive 75/106/EEC of 19 December 1974 on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids (OJ 1975 L 42, p. 1), as most recently amended by the Act of Accession of 23 September 2003 (OJ 2003 L 236, p. 33), (‘Directive 75/106/EEC’) to be construed as meaning that products in packaging with a volume of 0.071 litre, which are lawfully manufactured and/or marketed in Ireland or the United Kingdom, may also be marketed in all of the other EC Member States?
            
         
               2.
            
            
               If Question 1 should be answered in the negative: is the second sentence of the second subparagraph of Article 5(3)(b), in conjunction with Article 5(3)(d) and Annex III, section 4, of Directive 75/106/EEC compatible with the principle of free movement of goods in Articles 28 EC and 30 EC?