CELEX: C2002/202/15
Language: en
Date: 2002-08-24 00:00:00
Title: Case C-236/02: Reference for a preliminary ruling by the College van Beroep by order of 12 June 2002 in the case of J. Slob v Productschap Zuivel

C 202/12               EN                   Official Journal of the European Communities                                       24.8.2002
Reference for a preliminary ruling by the College van                  Reference for a preliminary ruling by the Bundesfinanz-
Beroep by order of 12 June 2002 in the case of J. Slob                 hof by order of that Court of 7 May 2002 in the case of
                     v Productschap Zuivel                             Hauptzollamt Hamburg-Hafen against Kazimieras Viluck-
                                                                                                        as
                         (Case C-236/02)
                                                                                                (Case C-238/02)
                         (2002/C 202/15)
                                                                                                (2002/C 202/17)
Reference has been made to the Court of Justice of the
European Communities by order of 12 June 2002 by the
College van Beroep, which was received at the Court Registry           Reference has been made to the Court of Justice of the
on 27 June 2002, for a preliminary ruling in the case of J. Slob       European Communities by order of the Bundesfinanzhof
v Productschap Zuivel on the following question:                       (Federal Finance Court) of 7 May 2002, received at the Court
                                                                       Registry on 28 June 2002, for a preliminary ruling in the case
Can it be inferred from Article 7(1)(f) of Regulation (EEC)            of Hauptzollamt Hamburg-Hafen against Kazimieras Viluckas
No 536/93 (1) that the producer is obliged to maintain                 on the following questions:
accounts recording among other things, the availability, pro-
duction, storage, use, processing and destruction of milk and/         1.   Is Article 4(19) of the Customs Code to be interpreted as
or milk products on his holding, such ‘stock accounts’ also                 meaning that the notification to the customs authorities
being required to contain declarations of the quantity per                  of the arrival at a particular place of goods introduced into
month and per product of the milk and/or milk products sold,                the Community customs territory must refer expressly
or does that provision only lay down an obligation to record                to goods which are hidden or concealed in secret
those data as to sales?                                                     compartments?
(1) OJ 1993 L 57, p. 12.
                                                                       2.   If Question 1 is answered affirmatively:
                                                                            Is Article 40 of the Customs Code to be interpreted as
                                                                            meaning that such notification must also be made by the
                                                                            driver of a lorry, or a co-driver also entitled to drive it,
                                                                            who was not aware and should not have been aware of
                                                                            the goods hidden or concealed in the lorry?
Reference for a preliminary ruling by the Bundesge-
richtshof by order of that Court of 2 May 2002 in the case             3.   If Question 2 is answered affirmatively:
of Freiburger Kommunalbauten GmbH Baugesellschaft &
  Co. KG against Ulrike Hofstetter and Ludger Hofstetter                    Is the identity of the person who actually gave the
                                                                            (incomplete) notification a material factor in determining
                         (Case C-237/02)                                    the customs debtor under the first indent of Article 202(3)
                                                                            of the Customs Code?
                         (2002/C 202/16)
Reference has been made to the Court of Justice of the
European Communities by order of the Bundesgerichtshof
(Federal Court of Justice) of 2 May 2002, received at the Court
Registry on 27 June 2002, for a preliminary ruling in the case         Reference for a preliminary ruling by the Rechtbank van
of Freiburger Kommunalbauten GmbH Baugesellschaft & Co.                Koophandel, Hasselt, by order of that Court of 28 June
KG against Ulrike Hofstetter and Ludger Hofstetter on the              2002 in the case of Douwe Egberts NV against 1. Westrom
following question:                                                    Pharma NV and 2. Souranis Christophe and in the case of
                                                                              NV Douwe Egberts against BVBA Fics-World
Is a term, contained in a seller’s standard business conditions,
which provides that the purchaser of a building which is to be
                                                                                                (Case C-239/02)
constructed is to pay the total price for that building,
irrespective of whether there has been any progress in the
construction, provided that the seller has previously provided                                  (2002/C 202/18)
him with a guarantee from a credit institution securing any
monetary claims the purchaser may have in respect of defective
performance or non-performance of the contract, to be                  Reference has been made to the Court of Justice of the
regarded as unfair within the meaning of Article 3(1) of               European Communities by order of the Rechtbank van
Council Directive 93/13/EEC (1) of 5 April 1993 on unfair              Koophandel (Commercial Court), Hasselt, of 28 June 2002,
terms in consumer contracts?                                           received at the Court Registry on 1st July 2002, for a
                                                                       preliminary ruling in the case of Douwe Egberts NV against
(1) OJ L 95 of 21.4.1993, p. 29.                                       1. Westrom Pharma NV and 2. Souranis Christophe and in the
                                                                       case of NV Douwe Egberts against BVBA Fics-World on the
                                                                       following questions: