CELEX: C1997/387/16
Language: en
Date: 1997-12-20 00:00:00
Title: Reference for a preliminary ruling by the Bayerische Verwaltungsgerichtshof by order of that court of 20 October 1997 in the case of Anton Feyrer v. Landkreis Rottal-Inn (also party: Landesanwaltschaft Bayern as representative of the public interest) (Case C-374/97)

20 . 12 . 97                                     Official Journal of the European Communities                                  C 387/ 11
          regarded as unlawful solely as regards that granted               Reference for a preliminary ruling by the Tribunal de
          on or after 1 July 1990 .                                         Commerce ( Second Chamber), Tournai, by judgment of
                                                                            that court of 30 October 1997 in the case of General
(') Concerning aid granted to the Friuli Venezia Giulia Region in                         Motors Corporation v. Yplon SA
       favour of road hauliers of that region.                                                     ( Case C-375/97 )
( 2 ) OJ English Special Edition 1979 ( II ), p. 360 .
                                                                                                      ( 97/C 387/17 )
                                                                            Reference has been made to the Court of Justice of the
                                                                            European Communities by judgment of the Tribunal de
                                                                            Commerce ( Second Chamber), Tournai, of 30 October
Reference for a preliminary ruling by the Bayerische                        1997, received at the Court Registry on 3 November
Verwaltungsgerichtshof by order of that court of                            1997, for a preliminary ruling in the case of General
20 October 1997 in the case of Anton Feyrer v. Landkreis                    Motors Corporation v. Yplon SA on the following
Rottal-Inn ( also party: Landesanwaltschaft Bayern as                       question:
                 representative of the public interest )
                              Case C-374/97                                 On reading Article 13 A ( 1 ) ( c ) of the Uniform Benelux
                              ( 97/C 387/ 16 )                              Law introduced pursuant to the amending protocol in
                                                                            force since 1 January 1996, what is the proper
                                                                            construction of the term 'repute of the trade mark ' and
Reference has been made to the Court of Justice of the                      may it also be said that such 'repute' applies throughout
European Communities by order of the Bayerische                             the Benelux countries or to part thereof?
Verwaltungsgerichtshof ( Bavarian Administrative Court )
of 20 October 1997, received at the Court Registry on
3 November 1997, for a preliminary ruling in the case of
Anton Feyrer v. Landkreis Rottal-Inn, represented by the
Landrat ( also party: Landesanwaltschaft Bayern as
representative of the public interest) on the following                     Reference      for a preliminary ruling by the
questions:                                                                  Arrondissementsrechtbank Rotterdam by order of that
                                                                            court of 30 October 1997 in the criminal proceedings
 1 . Can an individual oppose the collection of fees higher                                against Florus Ariel Wijsenbeek
        than the standard amounts listed in point 1 of the                                          ( Case C-378/97 )
        annex relating to Article 2 ( 1 ) of Council Directive 85/                                    ( 97/C 387/ 18 )
        73/EEC (') as amended by Council Directive 93/ 118/
        EC ( 2 ) where the Member State has not transposed
        Directive 93/ 118/EC into national law within the
                                                                            Reference has been made to the Court of Justice of the
        prescribed period ?                                                 European Communities by an order of the
                                                                            Arrondissementsrechtbank ( District Court ) Rotterdam of
 2 . Can a Member State collect fees higher than the                        30 October 1997, received at the Court Registry on
        standard amounts in reliance in point 4 ( b ) of the                5 November 1997, for a preliminary ruling in the criminal
        annex relating to Article 2 ( 1 ) of Council Directive 85/          proceedings against Florus Ariel Wijsenbeek on the
        73/EEC as amended by Directive 93/ 118/EC provided                  following questions :
        that the fees levied do not exceed the actual costs, no
        further conditions being imposed ?                                  Are the second paragraph of Article 7a of the EC Treaty,
                                                                            which provides that the internal market is to comprise an
                                                                            area without internal frontiers in which the free movement
 3 . Is the authorization given to Member States under
        Article 2 ( 3 ) of Council Directive 85/73/EEC as                   of persons is ensured, and Article 8a of the EC Treaty,
        amended by Directive 93/ 118/EEC to collect an                      which confers on all citizens of the Union the right to
        amount exceeding the Community fees dependent on                    move and reside freely within the territory of the Member
        the total fee collected in the Member State as a whole               States, to be interpreted as precluding national legislation
        and the actual inspection costs in the Member State as               of a Member State imposing an obligation, accompanied
        a whole or is it sufficient, when the Member State has               by criminal penalties for failure to comply, on persons
        delegated authorization to collect the fees to the local             ( whether or not citizens of the European Union ) to present
         authorities, that the total fee collected by the local              a passport on entry into a Member State whenever that
         authority is not greater than the actual inspection                 person enters the Member State through the national
        costs of that authority ?                                            airport coming from another Member State ?
 (') OJ L 32, 5 . 2 . 1985 , p . 14 .                                        Does any other provision of Community law preclude
 ( 2 ) OJ L 340 , 31 . 12 . 1993 , p . 15 .                                  such an obligation ?