Judgment of the Court (Fifth Chamber) of 10 May 2001 in Case C-144/99: Commission of the European Communities v Kingdom of the Netherlands (Failure by a Member State to fulfil its obligations — Directive 93/13/EEC — Unfair terms in consumer contracts — Incomplete transposition of the directive into national law)
Date: 2001-07-14
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, consumer protection, contract, unfair terms of contract

C 200/12

EN

Official Journal of the European Communities

14.7.2001

JUDGMENT OF THE COURT

(Fifth Chamber)

of 10 May 2001

in Case C-463/98 (reference for a preliminary ruling from
the Appeal Commissioners): Cabletron Systems Ltd v The
Revenue Commissioners (1)

3.

Nomenclature is invalid inasmuch as it classifies the adapter
cards described in item 4 of its annex under heading No 8517
of the Combined Nomenclature.

Items of computer network equipment which are connectable to
the central processing unit either directly or through one or
more other units, which are specifically designed as part of a
data-processing system, which are able to accept or deliver data
in a form which can be used by the system and which have no
function that they would be capable of performing without the
assistance of an automatic data-processing machine must be
classified under heading No 8471 of the Combined Nomencla-
ture both before and after 1 January 1996.

(Common customs tariff — Tariff headings — Tariff
classification of equipment used in local area networks —
Classification in the Combined Nomenclature — Validity of
Regulations (EC) No 1638/94 and No 1165/95)

(1) OJ C 71 of 13.3.1999.

(2001/C 200/21)

(Language of the case: English)

In Case C-463/98: reference to the Court under Article 177
of the EC Treaty (now Article 234 EC) from the Appeal
for a preliminary ruling in the
Commissioners (Ireland)
proceedings pending before them between Cabletron Systems
Ltd and The Revenue Commissioners — on the validity of
Commission Regulation (EC) No 1638/94 of 5 July 1994
concerning the classification of certain goods in the Combined
Nomenclature (OJ 1994 L 172, p. 5) and Commission
Regulation (EC) No 1165/95 of 23 May 1995 concerning the
classification of certain goods in the Combined Nomenclature
(OJ 1995 L 117, p. 15), and on the interpretation of the
Combined Nomenclature of the Common Customs Tariff, set
out in Annex I to Council Regulation (EEC) No 2658/87 of
23 July 1987 on the tariff and statistical nomenclature and on
the Common Customs Tariff (OJ 1987 L 256, p. 1), as
amended by Commission Regulation (EEC) No 2505/92 of
14 July 1992 (OJ 1992 L 267, p. 1), by Commission Regulation
(EEC) No 2551/93 of 10 August 1993 (OJ 1993 L 241, p. 1),
by Commission Regulation (EC) No 3115/94 of 20 December
1994 (OJ 1994 L 345, p. 1) and by Commission Regulation
(EC) No 3009/95 of 22 December 1995 (OJ 1995 L 319, p. 1)
— the Court (Fifth Chamber), composed of: A. La Pergola,
the Chamber, M. Wathelet, D.A.O. Edward
President of
(Rapporteur), P.
Jacobs,
Advocate General; H.A. Rühl, Principal Administrator, for the
Registrar, has given a judgment on 10 May 2001, in which it
has ruled:

Jann and L. Sevo´ n,

Judges; F.G.

1.

2.

Commission Regulation (EC) No 1638/94 of 5 July 1994
concerning the classification of certain goods in the Combined
Nomenclature is invalid inasmuch as it classifies the adapters,
link adapters and transceivers described in items 1 to 3 of its
annex under heading No 8517 of the Combined Nomenclature.

Commission Regulation (EC) No 1165/95 of 23 May 1995
concerning the classification of certain goods in the Combined

JUDGMENT OF THE COURT

(Fifth Chamber)

of 10 May 2001

in Case C-144/99: Commission of the European Communi-
ties v Kingdom of the Netherlands (1)

(Failure by a Member State to fulfil its obligations —
Directive 93/13/EEC — Unfair terms in consumer contracts
— Incomplete transposition of the directive into national
law)

(2001/C 200/22)

(Language of the case: Dutch)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-144/99: Commission of the European Communities
(Agents: P. van Nuffel, assisted by M. van der Woude and
L. Dommering-van Rongen) v Kingdom of the Netherlands
(Agents: M.A. Fierstra and J. van Bakel) — application for a
declaration that, by failing to adopt the laws, regulations and
administrative provisions necessary for the full transposition
into Netherlands law of Articles 4(2) and 5 of Council Directive
93/13/EEC of 5 April 1993 on unfair terms in consumer
contracts (OJ 1993 L 95, p. 29),
the
Netherlands has failed to fulfil its obligations under Article 189
of the EC Treaty (now Article 249 EC) and under that Directive
— the Court (Fifth Chamber), composed of: A. La Pergola,
President of the Chamber, M. Wathelet, D.A.O. Edward, P. Jann
Judges; A. Tizzano, Advocate
(Rapporteur) and L. Sevo´ n,
General; R. Grass, has given a judgment on 10 May 2001, in
which it:

the Kingdom of

14.7.2001

EN

Official Journal of the European Communities

C 200/13

1. Declares that, by failing to adopt the laws, regulations and
administrative provisions necessary for the full transposition
into national law of Articles 4(2) and 5 of Council Directive
93/13/EEC of 5 April 1993 on unfair terms in consumer
contracts, the Kingdom of the Netherlands has failed to fulfil
its obligations under that Directive;

2. Orders the Kingdom of the Netherlands to pay the costs.

(1) OJ C 226 of 7.8.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 10 May 2001

in Case C-203/99 (reference for a preliminary ruling from
the Højesteret): Henning Veedfald v Århus Amtskommu-
ne (1)

(Approximation of laws — Directive 85/374/EEC — Liab-
ility for defective products — Exemption from liability —
Conditions)

(2001/C 200/23)

2. Article 7(c) of Directive 85/374 is to be interpreted as meaning
that the exemption from liability where an activity has no
economic or business purpose does not extend to the case of a
defective product which has been manufactured and used in the
course of a specific medical service which is financed entirely
from public funds and for which the patient is not required to
pay any consideration.

3. Article 9 of Directive 85/374 is to be interpreted as meaning
that,
save for non-material damage whose reparation is
governed solely by national law and the exclusions detailed in
that article as regards damage to an item of property, a Member
State may not restrict the types of material damage, resulting
from death or from personal injury, or from damage to or
destruction of an item of property, which are to be made good.

4.

The national court is required, under Directive 85/374, to
examine under which head the circumstances of the case are to
be categorised, namely whether the case concerns damage
covered either by point (a) or by point (b) of the first paragraph
of Article 9 or non-material damage which may possibly be
covered by national law. The national court may, however, not
decline to award any damages at all under the Directive on the
ground that, where the other conditions of liability are fulfilled,
the damage incurred is not such as to fall under any of the
foregoing heads.

(1) OJ C 226 of 7.8.1999.

(Language of the case: Danish)

JUDGMENT OF THE COURT

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-203/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Højesteret
(Supreme Court) (Denmark) for a preliminary ruling in the
proceedings pending before that court between Henning
Veedfald and Århus Amtskommune — on the interpretation
of Article 7(a) and (c) and points (a) and (b) of the first
paragraph of Article 9 of Council Directive 85/374/EEC of
25 July 1985 on the approximation of the laws, regulations
and administrative provisions of the Member States concerning
liability for defective products (OJ 1985 L 210, p. 29) — the
Court (Fifth Chamber), composed of: A. La Pergola, President
of the Chamber, M. Wathelet, D.A.O. Edward, P. Jann (Rappor-
teur) and L. Sevo´ n, Judges; D. Ruiz-Jarabo Colomer, Advocate
General; H. von Holstein, Deputy Registrar, for the Registrar,
has given a judgment on 10 May 2001, in which it has ruled:

1. Article 7(a) of Council Directive 85/374/EEC of 25 July
1985 on the approximation of the laws, regulations and
administrative provisions of the Member States concerning
liability for defective products is to be interpreted as meaning
that a defective product is put into circulation when it is used
during the provision of a specific medical service, consisting in
preparing a human organ for transplantation, and the damage
caused to the organ results from that preparatory treatment.

(Fifth Chamber)

of 10 May 2001

in Joined Cases C-223/99 and C-260/99 (reference for a
preliminary ruling from the Tribunale amministrativo
regionale per la Lombardia): Agorà Srl v Ente Autonomo
Fiera Internazionale di Milano, and between Excelsior
Snc di Pedrotti Bruna & C. and Ente Autonomo Fiera
Internazionale di Milano, Ciftat soc. coop. arl (1)

(Public service contracts — Definition of contracting auth-
orities — Body governed by public law)

(2001/C 200/24)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Joined Cases C-223/99 and C-260/99: reference to the
Court under Article 234 EC from the Tribunale amministrativo
regionale (Regional Administrative Court) per la Lombardia