Judgment of the Court (Second Chamber) 7 February 2002 in Case C-328/00 (Reference for a preliminary ruling from the Bayerisches Verwaltungsgericht Regensburg): Maria Weber and Martin Weber v Freistaat Bayern (Common agricultural policy — Support system for oil-seeds — Validity of Regulation (EEC) No 525/93)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: interpretation of the law, oil seed rape, reference price, regional aid, soya bean, sunflower

6.4.2002

EN

Official Journal of the European Communities

C 84/27

Battistello Venanzio & C. Sas and Istituto nazionale per
l’assicurazione contro gli infortuni sul lavoro (INAIL), on the
interpretation of Articles 85, 86 and 90 of the EC Treaty (now
Articles 81 EC, 82 EC and 86 EC),the Court (Fifth Chamber),
composed of: S. von Bahr, President of the Fourth Chamber,
acting for the President of the Fifth Chamber, D.A.O. Edward,
A. La Pergola, M. Wathelet (Rapporteur) and C.W.A. Timmer-
mans, Judges, Advocate General: F.G. Jacobs, Registrar: H. von
Holstein, Deputy Registrar, has given a judgment on 22 January
2002, in which it has ruled:

The concept of an undertaking, within the meaning of Articles 85
and 86 of the EC Treaty (now Articles 81 EC and 82 EC), does not
cover a body which is entrusted by law with the management of a
scheme providing insurance against accidents at work and occu-
pational diseases, such as the Istituto nazionale per l’assicurazione
contro gli infortuni sul lavori (INAIL).

(1) OJ C 233 of 12.8.2000.

L 256, p. 1), as amended by Commission Regulation (EC)
No 1734/96 of 9 September 1996 (OJ 1996 L 238, p. 1), the
Court (Fourth Chamber), composed of: D.A.O. Edward, acting
for
the Chamber, A. La Pergola and
C.W.A. Timmermans (Rapporteur), Judges, Advocate General:
J. Mischo, Registrar: R. Grass, has given a judgment on
7 February 2002, in which it has ruled:

the President of

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, as amended by Commission Regulation (EC)
No 1734/96 of 9 September 1996, must be interpreted as meaning
that an ink-cartridge without integrated print head, consisting of
plastic casing, foam, a metal screen, seals, tape seal, labels, ink and
packing material, which, as regards both the cartridge and the ink,
can only be used in a printer with the same characteristics as ink-jet
Epson Stylus Colour printers, is to be classified under sub-heading
No 3215 90 80 of the Combined Nomenclature.

(1) OJ C 259 of 9.9.2000.

JUDGMENT OF THE COURT

(Fourth Chamber)

7 February 2002

in Case C-276/00 (Reference for a preliminary ruling from
the Hessisches Finanzgericht, Kassel): Turbon Inter-
national GmbH v Oberfinanzdirektion Koblenz (1)

(Common customs tariff — Tariff headings — Classification
in the Combined Nomenclature of ink-cartridges compatible
with Epson Stylus Colour printers — Inks (heading 3215)
— Parts and accessories of machines under heading 8471
(heading 8473))

JUDGMENT OF THE COURT

(Second Chamber)

7 February 2002

in Case C-328/00 (Reference for a preliminary ruling from
the Bayerisches Verwaltungsgericht Regensburg): Maria
Weber and Martin Weber v Freistaat Bayern (1)

(2002/C 84/43)

(Common agricultural policy — Support system for oil-seeds
— Validity of Regulation (EEC) No 525/93)

(Language of the case: German)

(2002/C 84/44)

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

(Language of the case: German)

In Case C-276/00: Reference to the Court under Article 177
of the EC Treaty (now Article 234 EC) from the Hessisches
Finanzgericht, Kassel (Germany), for a preliminary ruling in
the proceedings pending before that court between Turbon
International GmbH, acting in its capacity as successor to
Kores Nordic Deutschland GmbH, and Oberfinanzdirektion
Koblenz, on the interpretation of headings 3215 and 8473 of
the Combined Nomenclature 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

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

In Case C-328/00: Reference to the Court under Article 234
EC by the Bayerisches Verwaltungsgericht Regensburg (Germ-
any) for a preliminary ruling in the proceedings pending before
that court between Maria Weber, Martin Weber and Freistaat
Bayern, on the validity of Commission Regulation (EEC)
No 525/93 of 8 March 1993 establishing the value of the final

C 84/28

EN

Official Journal of the European Communities

6.4.2002

regional reference amounts for producers of soya beans, rape
seed, colza seed and sunflower seed for the 1992/93 marketing
year (OJ 1993 L 56, p. 18), the Court (Second Chamber),
composed of: N. Colneric, President of
the Chamber,
R. Schintgen (Rapporteur) and V. Skouris, Judges, Advocate
General: C. Stix-Hackl, Registrar: R. Grass, has given a judg-
ment on 7 February 2002, in which it has ruled:

Consideration of the questions submitted has disclosed no factor of
such a kind as to affect the validity of Commission Regulation (EEC)
No 525/93 of 8 March 1993 establishing the value of the final
regional reference amounts for producers of soya beans, rape seed,
colza seed and sunflower seed for the 1992/93 marketing year.

(1) OJ C 316 of 4.11.2000.

obligations under the said directives — the Court
(First
Chamber), composed of: P. Jann, President of the Chamber,
L. Sevo´ n (Rapporteur) and M. Wathelet, Judges; D. Ruiz-Jarabo
Colomer, Advocate General; R. Grass, Registrar, has given a
judgment on 11 December 2001, in which it:

1. Declares that, by failing to forward to the Commission, for the
period from 1995 to 1997, the report required under Article 18
of Council Directive 75/439/EEC of 16 June 1975 on the
disposal of waste oils, as amended by Council Directive
91/692/EEC of 23 December 1991 standardising and ration-
alising reports on the implementation of certain Directives
relating to the environment, within the period fixed by that
provision, the Italian Republic has failed to fulfil its obligations
under that directive;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 355 of 9.12.2000.

JUDGMENT OF THE COURT

(First Chamber)

of 11 December 2001

in Case C-376/00: Commission of the European Communi-
ties v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Directives
75/439/EEC and 75/442/EEC — National reports on
implementation — Failure to forward to the Commission)

(2002/C 84/45)

(Language of the case: Italian)

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

In Case C-376/00: Commission of the European Communities
(Agents: H. Støvlbaek and R. Amorosi) v Italian Republic
(Agent: U. Leanza, assisted by M. Fiorilli) — application for a
declaration that, by failing to forward to the Commission, for
the period from 1995 to 1997, the reports required under
Article 18 of Council Directive 75/439/EEC of 16 June 1975
on the disposal of waste oils (OJ 1975 L 194, p. 23), as
amended by Council Directive 91/692/EEC of 23 December
1991 standardising and rationalising reports on the implemen-
tation of certain Directives relating to the environment (OJ
1991 L 377, p. 48), and under Article 12 of Council Directive
75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39),
as amended by Directive 91/692/EEC, within the periods fixed
by those provisions, the Italian Republic has failed to fulfil its

JUDGMENT OF THE COURT

(Second Chamber)

17 January 2002

in Case C-394/00: Commission of the European Communi-
ties v Ireland (1)

(Failure of a Member State to fulfil
its obligations —
Directive 96/82/EC — Failure to transpose within the
prescribed period)

(2002/C 84/46)

(Language of the case: English)

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

In Case C-394/00, Commission of the European Communities
(Agent:G. zur Hausen) v Ireland (Agent:D. O’Hagan): appli-
cation for a declaration that, by failing to adopt the laws,
regulations and administrative provisions necessary to comply
with Council Directive 96/82/EC of 9 December 1996 on
the control of major-accident hazards involving dangerous
substances (OJ 1997 L 10, p. 13) or, in any event, by failing to
notify the Commission of those provisions, Ireland has failed