Judgment of the Court (Sixth Chamber) 7 February 2002 in Case C-279/00: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Freedom to supply services — Free movement of capital — Business of providing temporary labour)
Date: 2002-05-04
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, financial institution, freedom to provide services

4.5.2002

EN

Official Journal of the European Communities

C 109/11

2. Article 69(1)(a) of Regulation No 1408/71, as amended and
updated by Regulation No 118/97, must be construed as
meaning that, in order to retain entitlement to unemployment
benefits as provided for therein, a person seeking work must
have remained available to the employment services of the
competent State for a total of at least four weeks after the
commencement of unemployment, regardless of whether that
period was continuous or not.

On a proper construction 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
Regulation (EC) No 2086/97 of 4 November 1997, immunoglobul-
in concentrates from dried, defatted and decaseinated colostrum,
standardised by means of lactose, are to be classified as pharmaceutical
products in Chapter 30 of the Combined Nomenclature.

(1) OJ C 211 of 22.7.2000.

(1) OJ C 247 of 26.8.2000.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fourth Chamber)

7 March 2002

(Sixth Chamber)

7 February 2002

in Case C-259/00 (Reference for a preliminary ruling
from the Finanzgericht München): Biochem Zusatzstoffe
Handels- und Produktions GmbH v Oberfinanzdirektion
Nürnberg (1)

in Case C-279/00: Commission of the European Communi-
ties v Italian Republic (1)

(Common Customs Tariff — Tariff headings — Tariff
classification of immunoglobulin concentrates from col-
ostrum — Classification in the Combined Nomenclature)

(Failure by a Member State to fulfil its obligations —
Freedom to supply services — Free movement of capital —
Business of providing temporary labour)

(2002/C 109/16)

(2002/C 109/17)

(Language of the case: German)

(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-259/00: Reference to the Court under Article 234
EC by the Finanzgericht München (Germany) for a preliminary
ruling in the proceedings pending before that court between
Biochem Zusatzstoffe Handels- und Produktions GmbH and
Oberfinanzdirektion Nürnberg, on the interpretation of Chap-
ter 30 of the Combined Nomenclature, 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 (EC) No 2086/97 of 4 November
1997 (OJ 1997 L 312, p. 1), the Court (Fourth Chamber),
composed of: D.A.O. Edward (Rapporteur), acting for the
President of
the Fourth Chamber, A. La Pergola and
C.W.A. Timmermans, Judges; C. Stix-Hackl, Advocate General;
R. Grass, Registrar, has given a judgment on 7 March 2002, in
which it has ruled:

In Case C-279/00, Commission of the European Communities
(Agents: E. Traversa and M. Patakia) v Italian Republic (Agent:
U. Leanza, assisted by D. Del Gaizo): Application for a
declaration that, by requiring undertakings engaged in the
provision of temporary labour which are established in other
Member States to maintain their registered office or a branch
office on Italian territory, and to lodge a guarantee of ITL
700 million with a credit institution having its registered office
or a branch office on Italian territory, the Italian Republic has
failed to fulfil its obligations under Articles 49 EC and 56 EC,
the Court (Sixth Chamber), composed of: F. Macken, President
of the Chamber, C. Gulmann, R. Schintgen (Rapporteur),
V. Skouris, J.N. Cunha Rodrigues, Judges; S. Alber, Advocate
General; R. Grass, Registrar, has given a judgment on 7 Febru-
ary 2002, in which it:

C 109/12

EN

Official Journal of the European Communities

4.5.2002

1. Declares that, by requiring undertakings engaged in the
provision of temporary labour which are established in other
Member States to maintain their registered office or a branch
office on Italian territory, and so lodge a guarantee of ITL
700 million with a credit institution having its registered office
or a branch office on Italian territory, the Italian Republic has
failed to fulfil its obligations under Articles 49 EC and 56 EC.

2. Orders the Italian Republic to pay the costs.

1. Declares that, by maintaining in force a tax applicable to
passengers embarking and disembarking in the ports of Genoa,
Naples and Trieste (Italy) when arriving from or travelling to
ports in another Member State or a third country, but not in
the case of carriage between two ports located on Italian
territory, the Italian Republic has failed to fulfil its obligations
under Article 1 of Council Regulation (EEC) No 4055/86 of
freedom to
22 December 1986 applying the principle of
provide services to maritime transport between Member States
and between Member States and third countries;

(1) OJ C 259 of 9.9.2000.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 285 of 7.10.2000.

JUDGMENT OF THE COURT

(Third Chamber)

19 February 2002

in Case C-295/00: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Infringement of Article 1 of Regulation (EEC) No 4055/86
— Disembarkation/embarkation tax payable by passengers
— Tax not applicable to passengers travelling between ports
on Italian territory)

(2002/C 109/18)

(Language of the case: Italian)

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

In Case C-295/00, Commission of the European Communities
(agents: E. Traversa and B. Mongin) v Italian Republic (agent:
U. Leanza, assisted by G. De Bellis): Application for a
declaration that, by maintaining in force a tax applicable to
passengers embarking and disembarking in the ports of Genoa,
Naples and Trieste (Italy) when arriving from or travelling to
ports in another Member State or a third country, but not in
the case of carriage between two ports located on Italian
territory, the Italian Republic has failed to fulfil its obligations
under Article 1 of Council Regulation (EEC) No 4055/86 of
22 December 1986 applying the principle of freedom to
provide services to maritime transport between Member States
and between Member States and third countries (OJ 1986
L 378, p. 1),
(Third Chamber), composed of:
the Court
F. Macken, President of
the Chamber, C. Gulmann and
J.-P. Puissochet (Rapporteur), Judges; S. Alber, Advocate Gen-
eral; R. Grass, Registrar, has given a judgment on 19 February
2002, in which it:

JUDGMENT OF THE COURT

(Fifth Chamber)

27 February 2002

in Case C-302/00: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil its obligations —
Directives 95/59/EC and 92/79/EEC — Article 95 of the EC
Treaty (now, after amendment, Article 90 EC) — Taxes
affecting the consumption of manufactured tobaccos —
Minimum reference price for all cigarettes of the same brand
— Different rates of tax on dark-tobacco and light-tobacco
cigarettes)

(2002/C 109/19)

(Language of the case: French)

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

In Case C-302/00, Commission of the European Communities
(Agents: E. Traversa and C. Giolito) v French Republic (Agents:
G. de Bergues and S. Seam):
for a declaration that by
maintaining in force: