Judgment of the Court (Second Chamber) of 17 May 2001 in Case C-119/99 (reference for a preliminary ruling from the Tribunal d'instance du VIIe arrondissement de Paris): Hewlett Packard BV v Directeur Général des Douanes et Droits Indirects (Common Customs Tariff — Combined nomenclature — Classification of a multi-function machine combining the functions of printer, photocopier, facsimile machine and computer scanner — Principal function — Validity of Regulation (EC) No 2184/97)
Date: 2001-07-14
Institutions: Court of Justice
Subjects: Combined Nomenclature, common customs tariff, facsimile, interpretation of the law, printer, telecommunications

14.7.2001

EN

Official Journal of the European Communities

C 200/19

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 17 May 2001

(Sixth Chamber)

of 17 May 2001

in Case C-119/99 (reference for a preliminary ruling from
the Tribunal d’instance du VIIe arrondissement de Paris):
Hewlett Packard BV v Directeur Général des Douanes et
Droits Indirects (1)

(Common Customs Tariff — Combined nomenclature —
Classification of a multi-function machine combining the
functions of printer, photocopier, facsimile machine and
computer scanner — Principal function — Validity of
Regulation (EC) No 2184/97)

in Case C-159/99: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 79/409/EEC — Conservation of wild birds —
Admissibility)

(2001/C 200/33)

(Language of the case: French)

(2001/C 200/34)

(Language of the case: Italian)

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

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

In Case C-119/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC)
from the Tribunal
d’instance (District Court) du VIIe arrondissement de Paris
(France) for a preliminary ruling in the proceedings pending
before that court between Hewlett Packard BV and Directeur
Général des Douanes et Droits Indirects — on the interpret-
ation of point 3 of the Annex to Commission Regulation (EC)
No 2184/97 of 3 November 1997 concerning the classification
of certain goods in the combined nomenclature (OJ 1997
L 299, p. 6) — the Court (Second Chamber), composed of:
V. Skouris, President of
the Chamber, R. Schintgen and
N. Colneric (Rapporteur), Judges; J. Mischo, Advocate General;
H. von Holstein, Deputy Registrar, has given a judgment on
17 May 2001, in which it has ruled:

Consideration of the question referred has disclosed nothing that
would affect the validity of point 3 of the Annex to Commission
Regulation (EC) No 2184/97 of 3 November 1997 concerning the
classification of certain goods in the combined nomenclature.

(1) OJ C 188 of 3.7.1999.

In Case C-159/99: Commission of the European Communities
(Agent: P. Stancanelli) v Italian Republic (Agents: U. Leanza,
assisted by P.G. Ferri and M. Fiorilli) — application for a
declaration that:

— by laying down rules permitting the capture and keeping
of three species (Passer italiae, Passer montanus and
Sturnus vulgaris), contrary to Articles 5 and 7 of Council
Directive 79/409/EEC of 2 April 1979 on the conser-
vation of wild birds (OJ 1979 L 103, p. 1) and Annex II
thereto, and by providing that those rules are to apply by
way of a general and permanent derogation, which is
contrary to Article 9 of that Directive and engenders an
unacceptable degree of legal uncertainty; and

— by laying down rules concerning the conditions and
detailed rules for the application of the derogation from
the prohibitions laid down by Directive 79/409 which do
not fully comply with the requirements under Article 9
thereof, in particular as regards the reasons for dero-
gation, listed in Article 9(1)(a) and (b),

the Italian Republic has failed to fulfil its obligations under
Community law — the Court (Sixth Chamber), composed of:
C. Gulmann (Rapporteur), President of the Chamber, V. Skour-
is, J.-P. Puissochet, R. Schintgen and F. Macken, Judges; P. Léger,
Advocate General; D. Louterman-Hubeau, Head of Division,
for the Registrar, has given a judgment on 17 May 2001, in
which it: