Judgment of the Court (Fourth Chamber) 7 March 2002 in Case C-259/00 (Reference for a preliminary ruling from the Finanzgericht München): Biochem Zusatzstoffe Handels- und Produktions GmbH v Oberfinanzdirektion Nürnberg (Common Customs Tariff — Tariff headings — Tariff classification of immunoglobulin concentrates from colostrum — Classification in the Combined Nomenclature)
Date: 2002-05-04
Institutions: Court of Justice
Subjects: Combined Nomenclature, common customs tariff, interpretation of the law, pharmaceutical product

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: