C_2009282EN.01002902.xml

21.11.2009

Official Journal of the European Union

C 282/29

Reference for a preliminary ruling from the Cour de cassation (France) lodged on 17 September 2009 — Josep Penarroja Fa v Procureur général près la Cour d’appel de Paris

(Case C-372/09)

2009/C 282/50

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Applicant: Josep Penarroja Fa

Defendant: Procureur général près la Cour d’appel de Paris

Questions referred

1.	Must Article 50 EC be interpreted as applying to the duties entrusted to a professional, acting as an expert, in a dispute brought before the national courts, and appointed by the court seised of the dispute, under the conditions described [in the order for reference]?

Must the connection with the exercise of official authority, referred to in the first paragraph of Article 45 EC, be interpreted as applying to the duties of an expert appointed by a French court, as governed by the French Codes of Civil and Criminal Procedure, and by Law No 71-498 of 29 June 1971 and Decree No 2004-1463 of 23 December 2004?

Must Articles 43 EC and 49 EC be interpreted as precluding legislation, such as that resulting from Law No 71-498 of 29 June 1971 and Decree No 2004-1463 of 23 December 2004, as amended, which makes enrolment on a register maintained by a cour d’appel subject to conditions relating to age, competence, character and independence, and which does not take into account the fact that the applicant has already been recognised as an expert by the courts of his State of origin or introduce other arrangements for assessing his competence?