CELEX: C2001/227/16
Language: en
Date: 2001-08-11 00:00:00
Title: Case C-208/01: Reference for a preliminary ruling by the Tribunal Superior de Justicia, Castilla-La-Mancha, Sala de lo Contencioso-Administrativo del Tribunal, Sección Segunda, by order of 3 April 2001 in the case of Isabel Parras Medina and Adelina Paras Medina v Conséjeria de Agricultura de la Junta, de Comunidades de Castilla-La-Mancha

C 227/10               EN                       Official Journal of the European Communities                                      11.8.2001
6.    Prior to the entry into force of Regulation (EC)                     Reference for a preliminary ruling by the Tribunal
      No 2700/2000 (2) of the European Parliament and of                   Superior de Justicia, Castilla-La-Mancha, Sala de lo Conten-
      the Council of 16 November 2000, which amended                       cioso-Administrativo del Tribunal, Sección Segunda, by
      Article 221(3) of the Community Customs Code, was                    order of 3 April 2001 in the case of Isabel Parras Medina
      there any provision of Community law which provided                  and Adelina Paras Medina v Conséjeria de Agricultura de
      for the suspension of the period of three years for post-                  la Junta, de Comunidades de Castilla-La-Mancha
      clearance recovery as soon as an appeal is lodged?
                                                                                                    (Case C-208/01)
(1) Council Regulation (EEC) No 1697/79 of 24 July 1979 on the
    post-clearance recovery of import duties or export duties which                                 (2001/C 227/16)
    have not been required of the person liable for payment on goods
    entered for a customs procedure involving the obligation to pay        Reference has been made to the Court of Justice of the
    such duties (OJ 1979 L 197, p. 1).                                     European Communities by order of 3 April 2001 by the
(2) Regulation (EC) No 2700/2000 of the European Parliament                Tribunal Superior de Justicia, Castilla-La-Mancha, Sala de lo
    and of the Council of 16 November 2000 amending Council
                                                                           Contencioso-Administrativo del Tribunal, Sección Segunda
    Regulation (EEC) No 2913/92 establishing the Community Cus-
    toms Code (OJ 2000 L 311, p. 17).                                      (Second section of the Administrative-law Chamber of the
                                                                           High Court of Justice, Castilla-La-Mancha) which was received
                                                                           at the Court Registry on 18 May 2001, for a preliminary ruling
                                                                           in the case of Isabel Parras Medina and Adelina Paras Medina v
                                                                           Conséjeria de Agricultura de la Junta de Comunidades de
                                                                           Castilla-La-Mancha on the following questions:
                                                                           1.    Must the scope of the concept of force majeure used in
                                                                                 Article 12 of Regulation No 1294/96 of 4 July 1996 be
Reference for a preliminary ruling by the Verwaltungsge-                         altered so as to equate to that of unforeseen and
richtshof by order of that court of 25 April 2001 in the                         compelling circumstances, as described in this decision,
case of Dr Tilmann Klett against the Federal Minister for                        of such a kind that negligence as regards compliance with
                 Education, Science and Culture                                  the time-limit in question would not be regarded as such?
                                                                           2.    Are the consequences provided for in the abovemen-
                         (Case C-204/01)                                         tioned Article 12 in the nature of a sanction or a penalty
                                                                                 and, if that is the a case, does that fact contribute to the
                                                                                 need to alter the scope of the said concept of force majeure?
                         (2001/C 227/15)
Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgerichts-
hof of 25 April 2001, received at the Court Registry on
16 May 2001, for a preliminary ruling in the case of
Dr Tilmann Klett against the Federal Minister for Education,
Science and Culture on the following question:                             Reference for a preliminary ruling by the Bundespa-
                                                                           tentgericht by order of that court of 10 April 2001 in the
                                                                                                 case of Henkel KGaA
Are Article 19b of Council Directive 78/686/EEC (1) of 25 July
1978 concerning the mutual recognition of diplomas, certifi-
cates and other evidence of the formal qualifications of                                            (Case C-218/01)
practitioners of dentistry, including measures to facilitate the
effective exercise of the right of establishment and freedom to                                     (2001/C 227/17)
provide services, as amended by the Act of Accession, Official
Journal C 241 of 29 August 1994; p. 218, Article 12 EC and                 Reference has been made to the Court of Justice of the
Article 39 EC, and Article 1; read in conjunction with Article 3           European Communities by order of the Bundespatentgericht
and Article 9, of Council Directive 93/16/EEC (2) to facilitate            (Federal Patents Court) of 10 April 2001 which was received
the free movement of doctors and the mutual recognition of                 at the Court Registry on 29 May 2001, for a preliminary ruling
their diplomas, certificates and other evidence of formal                  in the case of Henkel KGaA on the following questions on the
qualifications, to be interpreted as precluding legislation under          interpretation of Article 3(1)(b), (c) and (e) of First Council
which admission to a training course in dentistry covered by               Directive 89/104/EEC(1) of 21 December 1988 to approximate
Article 19b of Directive 78/686/EEC requires a degree in                   the laws of the Member States relating to trade marks (OJ
medicine obtained at an Austrian university?                               1989 L 40, p. 1):
                                                                           1.    In the case of three-dimensional trade marks which
(1) OJ 1978 L 233, p. 1.                                                         consist of the packaging of goods which are normally
(2) OJ 1993 L 165, p. 1.                                                         traded in packaged form (such as liquids, for example) is
                                                                                 the packaging of the goods to be equated with the shape
                                                                                 of the goods for the purpose of trade mark law in such a
                                                                                 way that