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Document C2007/269/31

Case C-315/07: Reference for a preliminary ruling from the Landesgericht Klagenfurt (Austria), lodged on 9 July 2007 — A-Punkt Schmuckhandels GmbH v Claudia Schmidt

OJ C 269, 10.11.2007, p. 16–16 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Date of document:
10/11/2007; Date of publication
Author:
Court of Justice
Form:
Judicial information

10.11.2007   

EN

Official Journal of the European Union

C 269/16

Reference for a preliminary ruling from the Landesgericht Klagenfurt (Austria), lodged on 9 July 2007 — A-Punkt Schmuckhandels GmbH v Claudia Schmidt

(Case C-315/07)

(2007/C 269/31)

Language of the case: German

Referring court

Landesgericht Klagenfurt

Parties to the main proceedings

Applicant: A-Punkt Schmuckhandels GmbH

Defendant: Claudia Schmidt

Questions referred

1.

Does a rule of a Member State which prohibits the sale of silver jewellery by way of calling on private individuals for the purposes of selling, and collecting orders for, items of silver jewellery with a maximum individual value of EUR 40 constitute a restriction on the free movement of goods within the meaning of Articles 28 EC and 30 EC, if market access for Community goods is possible only by way of an additional burden on those goods in the form of the costs involved in changing marketing structures and making changes to, and extending, product ranges?

If Question 1 is answered in the affirmative:

2.

Does a national rule which, contrary to Articles 28 EC and 30 EC, prohibits the sale of items of silver jewellery with a maximum individual value of EUR 40 by way of calling on private individuals for the purposes of selling, and collecting orders for, such silver jewellery constitute a justifiable and proportionate measure which precludes the right of an individual to sell items of silver jewellery with a maximum individual value of EUR 40 by way of calling on private individuals for the purposes of selling, and collecting orders for, silver jewellery?
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