CELEX: C2002/056/09
Language: en
Date: 2002-03-02 00:00:00
Title: Case C-476/01: Reference for a preliminary ruling by the Amtsgericht Frankenthal (Pfalz), by order of that court of 11 October 2001, in criminal proceedings against Felix Kapper

2.3.2002                EN                    Official Journal of the European Communities                                        C 56/5
4.    Is the conclusion of a contract preceded by advertising            Reference for a preliminary ruling by the Verwaltungsge-
      within the meaning of Article 13(3)(a) of the Convention           richt Stuttgart by order of 20 November 2001 in the case
      where the other party to the subsequent contract with              of Georgios Orfanopoulos, Natasha Orfanopoulos, Melina
      the consumer advertised his products by brochure in the            Orfanopoulos and Sofia Orfanopoulos against Land Ba-
      Contracting State of the consumer but did not advertise                                   den-Württemberg
      the products the consumer subsequently bought in it?
                                                                                                 (Case C-482/01)
5.    Is there a consumer contract within the meaning of
      Article 13 of the Convention where the seller makes an                                      (2002/C 56/10)
      offer by telephone from his own State to the buyer who
      lives in a different State, and the offer is not accepted but
      the buyer subsequently buys the product thus offered in
                                                                         Reference has been made to the Court of Justice of the
      response to a written offer?
                                                                         European Communities by order of the Verwaltungsgericht
                                                                         Stuttgart (Finance Court Stuttgart) of 20 November 2001,
6.    Does the consumer take the steps necessary for the                 received at the Court Registry on 13 December 2001, for a
      conclusion of the contract in his own State within the             preliminary ruling in the case of Georgios Orfanopoulos,
      meaning of Article 13(3)(b) of the Convention where an             Natasha Orfanopoulos, Melina Orfanopoulos and Sofia Orfa-
      offer is made to him in the State of his contracting               nopoulos against Land Baden-Württemberg on the following
      partner and he accepts that offer by telephone from his            questions:
      own State?
                                                                         1.   Is a restriction on the freedom of movement of a foreign
                                                                              EU national with many year’s residence in a host State,
                                                                              ordered on account of a criminal offence under the
                                                                              Betäubungsmittelgesetz (Law on Narcotics), in conformity
                                                                              with European Law in terms of Article 39(3) EC on
                                                                              grounds of public policy, public security or public health,
                                                                              where, on account of his personal conduct, there is a
                                                                              justified expectation that he will also commit future
                                                                              criminal offences and where the spouse of the EU national
Reference for a preliminary ruling by the Amtsgericht                         and his children cannot reasonably be expected to live in
Frankenthal (Pfalz), by order of that court of 11 October                     his State of origin?
    2001, in criminal proceedings against Felix Kapper
                                                                         2.   Does Article 9(1) of Council Directive 64/221/EEC(1) of
                                                                              25 February 1964 preclude national legislation which no
                          (Case C-476/01)                                     longer provides for objection proceedings in which an
                                                                              examination of expediency is also carried out in relation
                                                                              to a decision of an administrative authority to expel the
                           (2002/C 56/09)                                     holder of a residence permit from the national territory, if
                                                                              a special body which is independent of the administrative
                                                                              authority adopting the decision has not been established?
Reference has been made to the Court of Justice of the                   (1) OJ L 56, p. 850.
European Communities by order of the Amtsgericht (District
Court) Frankenthal (Pfalz) of 11 October 2001, received at the
Court Registry on 7 December 2001, for a preliminary ruling
in the criminal proceedings against Felix Kapper, on the
following question:
                                                                         Action brought on 17 December 2001 by the Commission
Does Article 1(2) of Council Directive 91/439/EEC (1) of                 of the European Communities against the Kingdom of
29 July 1991 on driving licences preclude a Member State                                             Sweden
from refusing to recognise a driving licence where, according
to its investigations, another Member State issued that licence                                  (Case C-490/01)
although the holder of the licence did not have his normal
residence there, and in appropriate cases is actual effect to be                                  (2002/C 56/11)
given to that provision in that regard?
                                                                         An action against the Kingdom of Sweden was brought
(1) OJ L 237, 1991, p. 1.                                                before the Court of Justice of the European Communities on
                                                                         17 December 2001 by the Commission of the European
                                                                         Communities, represented by M. Wolfcarius and C. Tufvesson,
                                                                         acting as Agents, with an address for service in Luxembourg.