CELEX: C2000/047/44
Language: en
Date: 2000-02-19 00:00:00
Title: Cases C-541/99 and C-542/99: References for preliminary rulings by the Giudice di Pace di Viadana (MN), by orders of 12 November 1999, in the cases of Cape Snc, Parma, v Idealservice Srl, Viadana, and Idealservice MN RE SaS, Viadana, v O.M.A.I. Srl, Cadelbosaco Sotto (RE)

C 47/26                 EN                     Official Journal of the European Communities                                      19.2.2000
1. In respect of the period before 1 June 1997, must the                  References for preliminary rulings by the Giudice di Pace
     provisions of the Convention on international trade in               di Viadana (MN), by orders of 12 November 1999, in the
     endangered species of wild fauna and flora (Cites), in               cases of Cape Snc, Parma, v Idealservice Srl, Viadana,
     particular Articles VII and XIV thereof, of Regulation               and Idealservice MN RE SaS, Viadana, v O.M.A.I. Srl,
     (EEC) No 3626/82 of 3 December 1982 (1), in particular                                   Cadelbosaco Sotto (RE)
     Articles 6 and 15 thereof, and of Articles 30 and 36 of the
     EC Treaty be interpreted as meaning that they allow a                                (Cases C-541/99 and C-542/99)
     Member State to take or maintain domestic measures
     prohibiting at any time and in the whole territory of that                                     (2000/C 47/44)
     State any commercial use of specimens born and reared in
     captivity of wild species occurring in the wild in all or part       Reference has been made to the Court of Justice of the
     of the territory of that State?                                      European Communities by orders of the Giudice di Pace di
                                                                          Viadana of 12 November 1999, which were received at the
                                                                          Court Registry on 31 December 1999, for preliminary rulings
2. With effect from 1 June 1997, must the provisions of the               in the cases of Cape Snc, Parma, v Idealservice Srl, Viadana,
     Convention on international trade in endangered species              and Idealservice MN RE SaS, Viadana, v O.M.A.I. Srl, Cadelbo-
     of wild fauna and flora (Cites), in particular Articles VII          saco Sotto (RE), on the interpretation of Article 2(b) of Council
     and XIV thereof, of Council Regulation (EC) No 338/97 of             Directive 93/13/EEC of 5 April 1993 (1) on unfair terms in
     9 December 1996 on the protection of species of wild                 consumer contracts in order to answer the following questions:
     fauna and flora by regulating trade therein (2), and of
     Articles 30 and 36 of the EC Treaty be interpreted as                (1) Is it possible to regard as a consumer an undertaking
     meaning that they allow a Member State to take or                        which, by a contract with another undertaking using a
     maintain domestic measures prohibiting at any time and                   form produced by the latter in so far as the contract falls
     in the whole territory of that State any commercial use of               within the scope of its normal business activity, acquires a
     specimens born and reared in captivity of wild species                   service or merchandise for the sole benefit of its employees,
     occurring in the wild in all or part of the territory of that            which is wholly unconnected with and remote from
     State?                                                                   its normal trade and business; can it be said in such
                                                                              circumstances that that party acted for purposes which do
                                                                              not relate to the undertaking?
(1) Council Regulation (EEC) No 3626/82 of 2 December 1982 on             (2) If the foregoing question is answered in the affirmative, is
    the implementation in the Community of the Convention on                  it possible to regard any party or entity as a consumer
    international trade in endangered species of wild fauna and flora,
    OJ L 384 of 31.12.1982, p. 1.
                                                                              when it is acting for purposes not relating or conducive to
                                                                              its normal trade or business, or does the term consumer
(2) Council Regulation (EC) No 338/97 of 9 December 1996 on the
    protection of species of wild fauna and flora by regulating trade         relate only to natural persons, to the exclusion of any
    therein, OJ L 61 of 03.03.1997, p. 1.                                     other?
                                                                          (3) Can a company be regarded as a consumer?
                                                                          (1) OJ L 95 of 21.4.93, p. 9.