EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document C2005/143/32
Case C-140/05: Reference for a preliminary ruling from the Unabhängiger Finanzsenat by order of that court of 17 March 2005 in the proceedings between Amalia Valesko and Zollamt Klagenfurt
Case C-140/05: Reference for a preliminary ruling from the Unabhängiger Finanzsenat by order of that court of 17 March 2005 in the proceedings between Amalia Valesko and Zollamt Klagenfurt
Case C-140/05: Reference for a preliminary ruling from the Unabhängiger Finanzsenat by order of that court of 17 March 2005 in the proceedings between Amalia Valesko and Zollamt Klagenfurt
OJ C 143, 11.6.2005, p. 23–23
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
11.6.2005 |
EN |
Official Journal of the European Union |
C 143/23 |
Reference for a preliminary ruling from the Unabhängiger Finanzsenat by order of that court of 17 March 2005 in the proceedings between Amalia Valesko and Zollamt Klagenfurt
(Case C-140/05)
(2005/C 143/32)
Language of the case: German
Reference has been made to the Court of Justice of the European Communities by order of the Unabhängiger Finanzsenat (Austria) of 17 March 2005, received at the Court Registry on 29 March 2005, for a preliminary ruling in the proceedings between Amalia Valesko and Zollamt Klagenfurt on the following questions:
Question 1:
|
On a proper construction of the provisions contained in the Documents concerning the accession of ... the Republic of Slovenia ... to the European Union, Annex XIII: List referred to in Article 24 of the Act of Accession: Slovenia; Heading 6. Taxation, paragraph 2 (Official Journal of the European Union of 23.9.2003, L 236), which state that, without prejudice to Article 8 of Council Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products, and having informed the Commission, Member States may, as long as the derogation from Article 2(1) of Directive 92/79/EEC — as last amended — applies, ‘maintain’ the same quantitative limits for cigarettes which may be brought into their territories from Slovenia without further excise duty payment as those applied with regard to cigarette imports from third countries, do they — in the light of the technical term ‘maintain’ — permit quantitative limits which applied in a Member State in respect of imports from inter alia the Republic of Slovenia as a third country until the accession of that country? |
Question 2:
|
If the Court of Justice concludes that the Treaty provisions in question are not in fact to be construed as permitting quantitative limits which applied in a Member State in respect of imports from inter alia the Republic of Slovenia as a third country until the accession of that country:
|