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C 209/26 EN Official Journal of the European Communities 4.7.

98

Ð if the goods were acquired in a Member State of the principles contained in Article 4 of Directive 91/156/
European Community or of the European Economic EEC apply and to what extent?
Area in which they were put on sale for the first time
without the consent of the proprietor of the trade
mark or his representative, Ð Does the activity carried on by the person under
investigation, namely the storage of 160 kg of lead
batteries for more than one month, without any
Ð or where goods bearing the trade mark which are notification to the supervisory authorities, constitute
identical to the authentic goods bearing the same trade temporary storage under the terms of the directive?
mark but are imported in parallel either directly or
indirectly from countries outside the European (1) OJ L 78, 26.3.1991, p. 32.
Community or the European Economic Area are, or
have already been, marketed within the Community or
the European Economic Area by the proprietor of the
trade mark or with his consent,

Ð or where goods bearing the trade mark which are Reference for a preliminary ruling from the Pretura
similar to the authentic goods bearing the same trade Circondariale, Udine (Ufficio del Giudice per le indagini
mark but are imported in parallel either directly or preliminari), by order of that court of 20 April 1998 in
indirectly from countries outside the European the criminal proceedings pending before it against
Community or the European Economic Area are, or Francesca Bizzaro
have already been, marketed within the Community or
the European Economic Area by the proprietor of the (Case C-177/98)
trade mark or with his consent. (98/C 209/53)

Reference has been made to the Court of Justice of the


European Communities by an order of the Pretura
Circondariale (District Magistrates Court), Udine, by
order of that court of 20 April 1998, which was received
Reference for a preliminary ruling from the Pretura
at the Court Registry on 11 May 1998, for a preliminary
Circondariale, Udine (Ufficio del Giudice per le indagini
ruling in the criminal proceedings pending before it
preliminari), by order of that court of 20 April 1998 in
against Francesca Bizzaro, on the following questions:
the criminal proceedings pending before it against Paolo
Lirussi
(Case C-175/98) Ð What is the difference (if any) between temporary
storage and storage of waste pending further
(98/C 209/52) operations (or storage of materials) within the
producer's premises, and what are the criteria for
determining in a given case which of those forms of
Reference has been made to the Court of Justice of the storage is involved?
European Communities by an order of the Pretura
Circondariale (District Magistrates Court), Udine, by
order of that court of 20 April 1998, which was received Ð Is temporary storage excluded from waste
at the Court Registry on 11 May 1998, for a preliminary management' in the sense contemplated in Article 1(d)
ruling in the criminal proceedings pending before it of Directive 91/156/EEC (1) and from all the
against Paolo Lirussi, on the following questions: obligations in relation thereto, including the
notification of temporary storage to the supervisory
authorities?
Ð What is the difference (if any) between temporary
storage and storage of waste pending further
operations (or storage of materials) within the Ð Is temporary storage subject to supervision and, if so,
producer's premises, and what are the criteria for to what type of measures; in that regard do the
determining in a given case which of those forms of principles contained in Article 4 of Directive 91/156/
storage is involved? EEC apply and to what extent?

Ð Is temporary storage excluded from waste Ð Does the activity carried on by the person under
management' in the sense contemplated in Article 1(d) investigation, namely the storage of 87.5 kg of sludge
of Directive 91/156/EEC (1) and from all the containing halogenated solvents for more than two
obligations in relation thereto, including the months, constitute temporary storage under the terms
notification of temporary storage to the supervisory of the directive?
authorities?
(1) OJ L 78, 26.3.1991, p. 32.
Ð Is temporary storage subject to supervision and, if so,
to what type of measures; in that regard do the