CELEX: C2001/289/25
Language: en
Date: 2001-10-13 00:00:00
Title: Case C-293/01: Reference for a preliminary ruling by the Consiglio di Stato by order of that court of 12 June 2001 in the case of Infostrada S.p.A. against Ministero del Tesoro, del Bilancio e della Programmazione economica

13.10.2001            EN                   Official Journal of the European Communities                                     C 289/13
Reference for a preliminary ruling by the Cour de                     expressly authorised, and also in with regard to compliance
Cassation (Chambre commerciale, financière et écono-                  with the principle of equal treatment? (1)’
mique) by judgment of that court of 17 July 2001 in the
case of Receveur Principal des Douanes Françaises de
Villepinte against Société Tang Frères, subrogated to the             (1) OJ L 117 of 7.5.1997, p. 15.
                   rights of Derruder et Cie
                        (Case C-290/01)
                       (2001/C 289/24)
Reference has been made to the Court of Justice of the                Reference for a preliminary ruling by the Giudice di pace
European Communities by judgment of the Cour de Cassation             di Casale Monferrato by order of 16 July 2001 in the case
(Court of Cassation), Chambre commerciale, financière et              of Fontaneto Industria Alimentare S.r.l. v A.S.L. No 21
économique (Commercial, Financial and Economic Division)              — Dipartimento di Prevenzione Servizio Igiene Alimenti
of 17 July 2001, which was received at the Court Registry on                      e Nutrizione, Casale Monferrato (AL)
23 July 2001, for a preliminary ruling in the case of Receveur
Principal des Douanes Françaises de Villepinte against Société                                (Case C-295/01)
Tang Frères, subrogated to the rights of Derruder et Cie.
The Cour de Cassation (Chambre commerciale, financière et
économique) asks the Court of Justice to give a preliminary                                   (2001/C 289/26)
ruling on the following question:
                                                                      Reference has been made to the Court of Justice of the
‘On a proper construction of Article 70(1) of the Community           European Communities by order of 16 July 2001 by the
Customs Code, where a representative of the declarant is              Giudice di pace di Casale Monferrato (Magistrate’s Court,
present when the customs authorities takes a sample of the            Casale Monferrato) which was received at the Court Registry
goods and he does not challenge the representativeness of that        on 25 July 2001, for a preliminary ruling in the case of
sample, is the declarant no longer entitled to challenge the          Fontaneto Industria Alimentare S.r.l. A.S.L. No 21 — Diparti-
representativeness of that sample before the Tribunal hearing         mento di Prevenzione Servizio Igiene Alimenti e Nutrizione,
the application for payment of the additional import levies           Casale Monferrato (AL), on the following questions:
considered by the Customs authorities to be due?’
                                                                      1.   On a proper interpretation of Article 3(1)(5) of Directive
                                                                           2000/13/EC (1) of the European Parliament and of the
                                                                           Council of 20 March 2000 on the approximation of the
                                                                           laws of the Member States relating to the labelling,
                                                                           presentation and advertising of foodstuffs, with reference
                                                                           to Article 1 of Council Directive 85/374/EEC (2) of 25 July
                                                                           1985 on the approximation of the laws, regulations
                                                                           and administrative provisions of the Member States
Reference for a preliminary ruling by the Consiglio di                     concerning liability for defective products, is the indi-
Stato by order of that court of 12 June 2001 in the case                   cation on the label of the period within which the
of Infostrada S.p.A. against Ministero del Tesoro, del                     foodstuff must be consumed solely a matter for the
        Bilancio e della Programmazione economica                          producer himself under his sole responsibility?
                        (Case C-293/01)                               2.   If the answer to Question 1 is in the affirmative, does
                                                                           Community law prohibit Member States from unilaterally
                                                                           imposing on foodstuff producers the obligation to indi-
                       (2001/C 289/25)                                     cate on the label an expiry date for a product for which
                                                                           Community law makes no provision?
Reference has been made to the Court of Justice of the
European Communities by order of the Consiglio di Stato               3.   If the answer to Question 2 is in the affirmative, can the
(Council of State) of 12 June 2001, received at the Court                  national court disapply the provisions of national law
Registry on 23 July 2001, in the case of Infostrada S.p.A.                 which conflict with Community legislation on the points
against Ministero del Tesoro, del Bilancio e della Programma-              referred to in the previous questions?
zione economica on the following question:
                                                                      (1) OJ L 109, 6.5.2000, p. 29.
‘Does Directive 97/13/EC permit the Member States to require          (2) OJ L 210, 7.8.1985, p. 29.
solely those undertakings holding a licence or authorisation to
carry on telecommunications activities to make compulsory
financial payments, other than and in addition to those