CELEX: C1997/131/18
Language: en
Date: 1997-04-26 00:00:00
Title: Reference for a preliminary ruling from the Handelsgericht Wien by order of that court of 18 July 1996 in the case of Consorzio per la Tutela del Formaggio Gorgonzola v. (1) Käserei Champignon Hofmeister GmbH & Co KG and (2) Eduard Bracharz Gesellschaft mbH (Case C-87/97)

No C 131 /8           EN                    Official Journal of the European Communities                                   26 . 4 . 97
Reference      for   a       preliminary   ruling     from   the       move to another Member State, where the person has
Handelsgericht Wien by order of that court of 18 July                  worked and become habitually resident, and finally
1996 in the case of Consorzio per la Tutela del Formaggio              returns to the first Member State in order to seek work, is
Gorgonzola v. ( 1 ) Kaserei Champignon Hofmeister GmbH                 it compatible with the requirements of Article 48 of the
   & Co KG and (2 ) Eduard Bracharz Gesellschaft mbH                   Treaty of Rome for the first Member State to impose a
                        ( Case C-87/97)                                condition of habitual residence in that State ( involving the
                                                                       existence of an appreciable period of residence in that
                          ( 97/C 131/18 )                              State ) on entitlement to a general non-contributory means­
                                                                       tested state benefit with the characteristics of British
                                                                       income support ?
Reference has been made to the Court of Justice of the
European Communities by an order of the Handelsgericht
Wien ( Commercial Court, Vienna ) of 18 July 1996, which
was received at the Court Registry on 27 February 1997,
for a preliminary ruling in the case of Consorzio per la
Tutela del Formaggio Gorgonzola v. ( 1 ) Kaserei Champi­               Reference for a preliminary ruling from the
gnon Hofmeister GmbH & Co KG and ( 2 ) Eduard Bra­                     Bundessozialgericht, by order of that court of 12 December
charz Gesellschaft mbH on the following questions:                     1996 in the case of Arif Altiney v. Bundesanstalt fur
                                                                                                       Arbeit
— Is it compatible, in the current state of Community                                          ( Case C-91 /97 )
     law, with the principles of the free movement of goods
                                                                                                 ( 97/C 131 /20 )
     (Articles 30 and 36 of the EC Treaty) that a cheese
     which has been lawfully produced in a Member State
     since 1977 and designated by the name 'Cambozola',                Reference has been made to the Court of Justice of the
     and which has been marketed in another Member                     European        Communities           by    order  of        the
     State since 1983, is not permitted to be marketed in              Bundessozialgericht (Federal Social Court) of 12 December
     the latter Member State under the name 'Cambozola',               1996 , which was received at the Court Registry on
     on the basis of a national measure referring to an                3 March 1997, for a preliminary ruling in the case of Arif
     international agreement for the protection of                     Altiney v. Bundesanstalt fur Arbeit ( Federal Employment
     geographical designations of origin and names of                  Office ) on the following question:
     certain products ( which protects the designation
     ' Gorgonzola') and referring to a national prohibition            Is a Turkish worker duly registered as belonging to the
     of misleading statements ?                                        labour force of a Member State, within the meaning of
                                                                       Article 6 ( 1 ) of Decision No 1 /80 of the EEC-Turkey
— Does it make any difference to the answer to that                    Association Council on the development of the
     question if the packaging of the cheese designated as             Association, and is he legally employed in that State, if he
     'Cambozola' bears a clearly visible indication of the             has been permitted to work only for a limited period not
     country of manufacture ('Deutscher Weichkase'), if                exceeding three years as a speciality chef in a speciality
                                                                       restaurant ?
     that cheese is as a rule not displayed and sold to
     consumers in the form of whole cheeses, but in pieces,
     sometimes without the original packaging ?
                                                                       Reference for a preliminary ruling by the Cour d'Arbitrage
                                                                       of the Kingdom of Belgium by judgment of that court of
                                                                        19 February 1997 in the case brought by Federation Beige
Reference for a preliminary ruling by the Social Security              des Chambres Syndicales de Medecins concerning
Commissioner, by decision of 25 February 1997, in the                   annulment of Article 4 ( 2 ) of the Decree of the Flemish
  case of Robin Swaddling against the Adjudication Officer                               Community of 5 April 1995
                         ( Case C-90/97 )                                                       ( Case C-93/97 )
                           ( 97/C 131/19 )                                                        ( 97/C 131 /21 )
Reference has been made to the Court of Justice of the                  Reference has been made to the Court of Justice of the
                                                                        European Communities by judgment of the Cour
European Communities by decision of the Social Security
 Commissioner of 25 February 1997, which was received
                                                                        d'Arbitrage ( Court of Arbitration ) of the Kingdom of
                                                                        Belgium of 19 February 1997, received at the Court
 at the Court Registry on 3 March 1997, for a preliminary
 ruling in the case of Robin Swaddling against the                      Registry on 3 March 1997, for a preliminary ruling on the
Adjudication Officer, on the following question:
                                                                        following questions in the case brought by Federation
                                                                        Beige des Chambres Syndicales de Medecins ( Belgian
                                                                        Federation of Doctors' Associations ) concerning
 In circumstances where a person has worked and been                    annulment of Article 4 ( 2 ) of the Decree of the Flemish
 habitually resident in one Member State, has then                      Community of 5 April 1995 , amending the Decree of
 exercised the right to freedom of movement for workers to              12 June 1991 relating to universities in the Flemish