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 (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)
Date: 2001-07-14
Institutions: Court of Justice
Subjects: Combined Nomenclature, interpretation of the law, tariff nomenclature, telecommunications equipment

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