Judgment of the Court (Fifth Chamber) of 7 November 2002 In Joined Cases C-260/00 to C-263/00 (Reference for a preliminary ruling from the Hessisches Finanzgericht, Kassel): Lohmann GmbH & Co. KG and Others (Common Customs Tariff — Tariff headings — Classification in the Combined Nomenclature of wrist orthoses, lumbar support belts, elbow supports and knee supports — Note 1(b) to Chapter 90 of the Combined Nomenclature)
Date: 2002-12-21
Institutions: Court of Justice
Subjects: Combined Nomenclature, facilities for people with disabilities, interpretation of the law, medical device, product quality, tariff nomenclature, textile product

C 323/14

EN

Official Journal of the European Communities

21.12.2002

JUDGMENT OF THE COURT

2.

(Fifth Chamber)

of 7 November 2002

The term ‘solely’ in Note 1(b) to Chapter 90 of the Combined
Nomenclature must be interpreted as meaning that the note
does not exclude from that chapter belts and supports of
which characteristics other than their elasticity contribute to a
significant extent to the intended effect on the organ to be
supported or held.

(1) OJ C 258 of 7.10.2000.

In Joined Cases C-260/00 to C-263/00 (Reference for a
preliminary ruling from the Hessisches Finanzgericht,
Kassel): Lohmann GmbH & Co. KG and Others (1)

(Common Customs Tariff — Tariff headings — Classifi-
cation in the Combined Nomenclature of wrist orthoses,
lumbar support belts, elbow supports and knee supports —
Note 1(b) to Chapter 90 of the Combined Nomenclature)

(2002/C 323/15)

(Language of the case: German)

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

In Joined Cases C-260/00 to C-263/00: Reference to the Court
under Article 234 EC by the Hessisches Finanzgericht, Kassel
(Germany) for a preliminary ruling in the proceedings pending
before that court between Lohmann GmbH & Co. KG (C-260/
00 to C-262/00), medi Bayreuth Weihermüller & Voigtmann
GmbH & Co. KG (C-263/00) and Oberfinanzdirektion Ko-
blenz, on the interpretation of heading 9021 of the Combined
Nomenclature, contained 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 1734/96 of 9 September 1996 (OJ 1996 L 238, p. 1), the
Court (Fifth Chamber), composed of: M. Wathelet, President of
the Chamber, C.W.A. Timmermans, D.A.O. Edward (Rapporte-
ur), S. von Bahr and A. Rosas, Judges; A. Tizzano, Advocate
General; H.A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 7 November 2002, in which it has
ruled:

1.

Tariff heading 9021 of the Combined Nomenclature, contained
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, as amended by Commission
Regulation (EC) No 1734/96 of 9 September 1996, must be
interpreted as meaning that products such as wrist orthoses,
lumbar support belts, elbow supports and knee supports fall
within that heading if
they display characteristics which
distinguish them, in particular by the materials of which they
are made, their method of operation or their adjustability to the
patient’s specific handicaps, from ordinary belts and supports
for general use. It is for the referring court to ascertain whether
that is the case in the main proceedings.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 14 November 2002

in Case C-271/00 (Reference for a preliminary ruling
from the Hof van Beroep te Antwerpen): Gemeente
Steenbergen v Luc Baten (1)

(Brussels Convention — Scope — Action under a right of
recourse under national legislation providing for payment of
allowances by way of social assistance — Concept of ‘civil
matters’ — Concept of ‘social security’)

(2002/C 323/16)

(Language of the case: Dutch)

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

In Case C-271/00: Reference to the Court pursuant to the
Protocol of 3 June 1971 on the interpretation by the Court of
Justice of the Convention of 27 September 1968 on Jurisdic-
tion and the Enforcement of Judgments in Civil and Commer-
cial Matters by the Hof van Beroep te Antwerpen (Belgium),
for a preliminary ruling in the proceedings pending before that
court between Gemeente Steenbergen and Luc Baten, on the
interpretation of Article 1 of the abovementioned Convention
of 27 September 1968 (OJ 1978 L 304, p. 36), as amended by
the Convention of 9 October 1978 on the Accession of the
Kingdom of Denmark, Ireland and the United Kingdom of
Great Britain and Northern Ireland (OJ 1978 L 304, p. 1 and
— amended version — p. 77) and by the Convention of
25 October 1982 on the Accession of the Hellenic Republic
(OJ 1982 L 388, p. 1), the Court (Fifth Chamber), composed
of: C. W. A. Timmermans, President of the Fourth Chamber,
acting as President of the Fifth Chamber, D. A. O. Edward,
A. La Pergola, P. Jann (Rapporteur) and S. von Bahr, Judges;
A. Tizzano, Advocate General; L. Hewlett, Principal Adminis-
trator, for the Registrar, has given a judgment on 14 November
2002, in which it has ruled: