Judgment of the Court (First Chamber) of 17 March 2005 in Case C-170/03 (reference for a preliminary ruling from the Hoge Raad der Nederlanden): Staatssecretaris van Financiën v J.H.M. Feron (Regulation (EEC) No 918/83 — Relief from customs duties — Meaning of ‘personal property’ and ‘possession’ — Motor vehicle made available to a person by his employer)
Date: 2005-05-28
Institutions: Court of Justice
Subjects: CCT duties, interpretation of the law, motor car, personal effects, work

28.5.2005

EN

Official Journal of the European Union

C 132/7

— by failing,

in breach of the provisions of Council Directive
64/221/EEC of 25 February 1964 on the co-ordination of
special measures concerning the movement and residence of
foreign nationals which are justified on grounds of public
policy, public security or public health, to issue a residence
permit as soon as possible and in any event not later than six
months from the date on which the application for that permit
was submitted,

1. Declares that the application is inadmissible;

2. Orders the Kingdom of Spain to pay the costs;

3. Orders the Republic of Finland to bear its own costs.

the Kingdom of Spain has failed to fulfil its obligations under
those directives;

(1) OJ C 146 of 21.6.2003.

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 135 of 07.06.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 17 March 2005

in Case C-170/03 (reference for a preliminary ruling from
the Hoge Raad der Nederlanden): Staatssecretaris van
Financiën v J.H.M. Feron (1)

(Regulation (EEC) No 918/83 — Relief from customs duties
— Meaning of ‘personal property’ and ‘possession’ — Motor
vehicle made available to a person by his employer)

(2005/C 132/13)

(Language of the case: Dutch)

In Case C-170/03: reference for a preliminary ruling under
Article 234 EC from the Hoge Raad der Nederlanden (Nether-
lands), made by decision of 11 April 2003, received at the
Court on 14 April 2003, in the proceedings pending before
that court between Staatssecretaris van Financiën and J.H.M.
Feron — the Court (First Chamber), composed of P. Jann, Presi-
the Chamber, A. Rosas, K. Lenaerts, S. von Bahr
dent of
(Rapporteur) and K. Schiemann,
Judges; M. Poiares Maduro,
Advocate General; M.-F. Contet, Principal Administrator, for
the Registrar, gave a judgment on 17 March 2005, the opera-
tive part of which is as follows:

A car such as that at issue in the main proceedings is to be regarded
as personal property within the meaning of Article 1(2)(c) of Council
Regulation (EEC) No 918/83 of 28 March 1983 setting up a Com-
munity system of reliefs from customs duty and thus eligible for relief
from import duty under Articles 2 and 3 of the regulation.

(1) OJ C 146 of 21.06.2003.

JUDGMENT OF THE COURT

(Grand Chamber)

of 15 March 2005

in Case C-160/03: Kingdom of Spain v Eurojust (1)

(Action for annulment under Article 230 EC — Action
brought by a Member State challenging calls for applications,
issued by Eurojust, for positions as members of the temporary
staff — No jurisdiction of the Court — Inadmissible)

(2005/C 132/12)

(Language of the case: Spanish)

In Case C-160/03: Kingdom of Spain (Agent: L. Fraguas
Gadea), supported by Republic of Finland (Agent: T. Pynnäv) v
Eurojust (Agent: J. Rivas de Andrés and D. O'Keeffe) — action
for annulment under Article 230 EC, brought on 8 April 2004
— the Court (Grand Chamber), composed of V. Skouris, Presi-
dent, P. Jann, C.W.A. Timmermans, A. Rosas (Rapporteur) and
A. Borg Barthet, Presidents of Chambers, R. Schintgen, N.
Juhász, G.
Colneric, S. von Bahr,
Arestis, M. Ilešič and J. Malenovský, Judges; M. Poiares Maduro,
Advocate General; H. von Holstein, Deputy Registrar, for the
Registrar, gave a judgment on 15 March 2005, in which it:

J.N. Cunha Rodrigues, E.