CELEX: C1996/233/11
Language: en
Date: 1996-08-10 00:00:00
Title: Reference for a preliminary ruling from the Tribunal Administratif, Paris, by judgment of that court of 3 April 1996 in the case of Laboratoires Valda v. Fonds d'Intervention et de Régularisation du Marché du Sucre (FIRS) (Case C-202/96)

No C 233/6               EN                    Official Journal of the European Communities                                       10 . 8 . 96
certain sectors is not enough to bring the infringement to an             Administratif ( Administrative Court ), Paris, of 3 April
end, given that the wording of Article 213-1 , which subsists              1 996 , which was received at the Court Registry on 12 June
in the French Code du Travail , simply prohibits night                     1 996 , for a preliminary ruling in the case of Laboratoires de
working for women in industry as a whole .                                Thérapeutique Moderne ( LTM ) v. Fonds d'Intervention et
                                                                          de Régularisation du Marché du Sucre ( FIRS ) on the
C ) OJ No L 39 , 1976 , p . 40 .                                          following question :
( 2 ) Case C-158/91 Levy [ 1993J ECR 1-4300 .
( 3 ) In response to the letter giving formal notice and the reasoned     Having regard to their composition, presentation and
      opinion, the French Government relied on a communication            purpose, do the products 'Alvityl 50 Dragées ' and
      published on 13 December 1993 in the Official Journal of the
      French Republic, p . 4517 et seq .
                                                                          'Strongenol 20 Ampoules' fall within the scope of
                                                                          subheading 21 of Council Regulation ( EEC ) No 1010/86 of
                                                                          25 March 1986 on the classification of goods or Chapter 30
                                                                          of the Common Customs Tariff ( 1 ) ?
Reference for a preliminary ruling from the Landgericht                   t 1 ) OJ No L 94, 9 . 4 . 1986 , p . 9 .
Kôln by order of that court of 18 April 1996 in the
interlocutory proceedings between Metronome Musik
            GmbH and Music Point Hokamp GmbH
                           ( Case C-200/96 )
                             ( 96/C 233/09 )                              Reference for a preliminary ruling from the Tribunal
                                                                          Administratif, Paris, by judgment of that court of 3 April
Reference has been made to the Court of Justice of the                    1996       in  the  case    of Laboratoires    Valda   v.   Fonds
European Communities by an order of the Landgericht Kôln                  d'Intervention et de Régularisation du Marché du Sucre
( Regional Court, Cologne ) of 18 April 1 996, which was                                                   ( FIRS )
received at the Court Registry on 13 June 1996 , for a                                              ( Case C-202/96 )
preliminary ruling in the interlocutory proceedings between
Metronome Musik GmbH and Music Point Hokamp                                                           ( 96/C 233/11 )
GmbH on the following question :
                                                                          Reference has been made to the Court of Justice of the
Is the introduction of an exclusive rental right, contrary to             European Communities by a judgment of the Tribunal
the principle of the exhaustion of distribution rights, by                Administratif ( Administrative Court ), Paris, of 3 April
Article 1 ( 1 ) of Council Directive 92/100/EEC of                        1996 , which was received at the Court Registry on 12 June
19 November 1992 on rental rights and lending rights and                  1996 , for a preliminary ruling in the case of Laboratoires
on certain rights related to copyright in the field of                    Valda v . Fonds d'Intervention et de Régularisation du
intellectual property ( 1 ) compatible with Community law, in             Marché du Sucre ( FIRS ) on the following questions :
particular Community fundamental rights ?
                                                                         — May Commission Regulation ( EEC ) No 717/85 of
n OJ No L 346 , 1992 , p . 61 .                                                 19 March 1985 on the classification of goods within
                                                                                subheading 17.04 D I of the common customs tariff ( 1 )
                                                                                be interpreted as referring to goods whose composition
                                                                                ( percentage by weight) is different from that indicated in
                                                                                Article 1 of that Regulation ?
Reference for a preliminary ruling from the Tribunal
Administratif, Paris, by judgment of that court of 3 April               — If the answer to the first question is in the negative, must
1996 in the case of Laboratoires de Thérapeutique Moderne                       Chapter 30.04 of the customs nomenclature, which
( LTM ) v. Fonds d'Intervention et de Régularisation du                         refers to medicaments, be interpreted as including a
                      Marché du Sucre ( FIRS )                                  product which contains sugar but above all active
                          ( Case C-201 /96 )                                    flavouring agents having medicinal properties in such a
                             ( 96/C 233/ 10 )                                   proportion that it is used essentially for therapeutic and
                                                                                prophylactic purposes ?
Reference has been made to the Court of Justice of the
European Communities by judgment of the Tribunal                          (') OJ No L 78 , 21 . 3 . 1985 , p . 13 .