Reference for a preliminary ruling from the Augstākās tiesas Senāta (Republic of Lativa) lodged on 28 February 2008 — Schenker SIA v Valsts ieņēmumu dienests

(Case C-93/08)

(2008/C 128/37)

Language of the case: Latvian

Referring court

Augstākās tiesas Senāts

Parties to the main proceedings

Applicant: Schenker SIA

Defendant: Valsts ieņēmumu dienests

Question referred

Must Article 11 of Regulation No 1383/2003 (1) be interpreted as precluding the possibility of imposing a penalty on the declarant or owner of goods under the national law, where the intellectual property right-holder (the right-holder) reaches an agreement, with the declarant or the owner of those goods, to abandon them for their destruction, or engages in discussions in respect of the possibility of the goods being abandoned for their destruction, and in the course of that procedure, the customs authorities receive information that the goods are counterfeit?

(1)  Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights (OJ 2003 L 196, p. 7).