CELEX: C2000/079/12
Language: en
Date: 2000-03-18 00:00:00
Title: Case C-481/99: Reference for a preliminary ruling by the Bundesgerichtshof by order of that court of 30 November 1999 in the case of Georg and Helga Heininger against Bayerische Hypo- und Vereinsbank AG

C 79/6                   EN                 Official Journal of the European Communities                                        18.3.2000
          (g) a contractual restriction has or has not been            the Court Registry on 20 December 1999, for a preliminary
              imposed by the proprietor and made legally bind-         ruling in the case of Georg and Helga Heininger against
              ing upon the first purchaser prohibiting sale for        Bayerische Hypo- und Vereinsbank AG on the following
              the purposes of resale to anyone other than the          questions:
              ultimate consumer.
                                                                       1. Does Council Directive 85/577/EEC of 20 December 1985
     B. does the issue of whether or not there was consent by               to protect the consumer in respect of contracts negotiated
          the proprietor to the placing of those goods on the               away from business premises (OJ 1985 L 372, p. 31 —
          market within the EEA. within the meaning of the                  ‘directive on doorstep-selling’ also cover mortgages on
          Directive, depend on some further or other factor or              land (S.3(2)(2) of the Verbraucherkreditgesetz — consumer
          factors, and if so which?                                         credit law) and, as regards the right of cancellation provided
                                                                            for in Article 5, does it take precedence over Council
(1) First Council Directive 89/104/EEC of 21 December 1988 to               Directive 87/102/EEC of 22 December 1986 for the
    approximate the laws of the Member States relating to trade             approximation of the laws, regulations and administrative
    marks (OJ L 40 of 11. 2.1 989, p. 1).                                   provisions of the Member States concerning consumer
                                                                            credit (OJ 1987 L 42, p. 48 ‘consumer-credit directive’)?
                                                                       2. If the Court answers Question 1 in the affirmative,
                                                                            Is the national legislature precluded by the directive on
                                                                            doorstep-selling from applying the time-limit placed in
Reference for a preliminary ruling by the High Court of                     S. 7(2)(3) of the consumer credit law on the right of
Justice (England & Wales), Chancery Division (Patent                        cancellation also in cases where the subject-matter of a
Court), by order of that court of 22 July 1999, in the case                 doorstep transaction was the grant of a mortgage loan
of 1) Levi Strauss & Co. (a US corporation existing under                   within the meaning of S. 3(2)(2) of the consumer credit
the laws of the State of Delaware) and 2) Levi Strauss                      law and where the disclosure of information, as provided
                 (UK) Ltd against Costco UK Ltd                             for in Article 4 of the directive, was not made?
                           (Case C-416/99)
                            (2000/C 79/11)
Reference has been made to the Court of Justice of the
European Communities by an order of the High Court of
Justice (England & Wales), Chancery Division (Patent Court),           Action brought on 21 December 1999 by the Commission
of 22 July 1999, which was received at the Court Registry on           of the European Communities against the French Republic
29 October 1999, for a preliminary ruling in the case of 1)
Levi Strauss & Co. (a US corporation existing under the laws                                     (Case C-483/99)
of the State of Delaware) and 2) Levi Strauss (UK) Ltd against
Costco UK Ltd on questions which are identical to those in
                                                                                                  (2000/C 79/13)
Case   C-415/99 (1),   1) Levi Strauss & Co. (a US corporation
existing under the laws of the State of Delaware) and 2) Levi          An action against the French Republic was brought before the
Strauss (UK) Ltd against 1) Tesco Stores Ltd and 2) Tesco plc.         Court of Justice on 21 December 1999 by the Commission of
                                                                       the European Communities, represented by Maria Patakia, of
                                                                       its Legal Service, acting as Agent, with an address for service
(1) See p. 5 of this Official journal.
                                                                       in Luxembourg at the office of Carlos Gómez de la Cruz,
                                                                       Wagner Centre, Kirchberg.
                                                                       The applicant claims that the Court should:
                                                                       (1) declare that, by maintaining in force Articles 2(1) and
Reference for a preliminary ruling by the Bundesgerichts-                   (2)(iii) of Decree 93-1298 of 13 December 1993, accord-
hof by order of that court of 30 November 1999 in the                       ing to which the following rights attach to the ‘golden
case of Georg and Helga Heininger against Bayerische                        share’ held by the French State in the State company
                   Hypo- und Vereinsbank AG                                 Elf-Aquitaine:
                           (Case C-481/99)                                  (a) any shareholding which exceeds the ceilings applying
                                                                                 to the direct or indirect holding by a natural or legal
                            (2000/C 79/12)                                       person, acting alone or in conjunction with others, of
                                                                                 one tenth, one fifth or one third of the capital of, or
Reference has been made to the Court of Justice of the                           voting rights in, the company must first be approved
European Communities by order of the Bundesgerichtshof                           by the Minister for Economic Affairs (Article 2(1) of
(Federal Supreme Court) of 30 November 1999, received at                         the Decree);