Case C-196/05: Reference for a preliminary ruling from the Finanzgericht München by order of that court of 17 April 2005 in Sachsenmilch AG v Oberfinanzdirektion Nürnberg
Date: 2005-07-23
Institutions: Court of Justice
Subjects: Combined Nomenclature, fresh cheese, interpretation of the law, soft cheese

23.7.2005

EN

Official Journal of the European Union

C 182/25

Pleas in law and main arguments

to fulfil
75/442/EEC on waste, (1)
91/156/EC; (2)

its obligations under Article 1(a) of Directive
amended by Directive

as

the Italian
The European Commission takes the view that
in so far as it excludes excavated earth and rocks
Republic,
intended for re-use for re-filling,
infilling, embanking and
grinding, from the scope of national rules on waste, has failed
to fulfil
its obligations under Article 1(a) of Directive
75/442/EEC on waste as amended by Directive 91/156/EEC.

2. order the Italian Republic to pay the costs.

Pleas in law and main arguments

(1) OJ L 194 of 25.07.1975, p. 39.
(2) OJ L 78 of 26.03.1991, p. 32.

The European Commission takes the view that, by adopting
operational directives valid for the whole of the national terri-
tory which exclude from the scope of the rules on waste reject
foodstuffs from the agri-foodstuffs industry intended for the
production of feeding stuffs and by excluding, by means of
Article 23 of Law No 179 of 31 July 2002, from the scope of
the rules on waste leftovers from the kitchen preparation of all
types of solid, cooked and uncooked food which have not
entered the distribution chain and are intended for facilities for
treating sick animals, the Italian Republic has failed to fulfil its
obligations under Article 1(a) of Directive 75/442/EEC on
waste, as amended by Directive 91/156/EC.

(1) OJ L 194 of 25.07.1975, p. 39.
(2) OJ L 78 of 26.03. 1991, p. 32.

Action brought on 2 May 2005 by the Commission of the
European Communities against the Italian Republic

(Case C-195/05)

(2005/C 182/46)

(Language of the case: Italian)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 2 May 2005
by the Commission of the European Communities, represented
by M. Konstantinidis, of its Legal Service, and G. Bambara, of
the Milan Bar.

The Commission claims that the Court should:

1. declare that, by adopting operational directives valid for the
whole of the national territory, set out in particular in the
circular of the Environment Ministry of 28 July 1998 and
the circular of the Health Ministry of 22 July 2002, which
exclude from the scope of the rules on waste reject food-
stuffs from the agri-foodstuffs industry intended for the
production of feeding stuffs and by excluding, by means of
Article 23 of Law No 179 of 31 July 2002, from the scope
of the rules on waste leftovers from the kitchen preparation
of all types of solid, cooked and uncooked food which have
not entered the distribution chain and are intended for facil-
ities for treating sick animals, the Italian Republic has failed

Reference for a preliminary ruling from the Finanzgericht
München by order of that court of 17 April 2005 in Sach-
senmilch AG v Oberfinanzdirektion Nürnberg

(Case C-196/05)

(2005/C 182/47)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Finanzgericht München
(Finance Court, Munich) (Germany) of 17 April 2005, received
at the Court Registry on 4 May 2005, for a preliminary ruling
in the proceedings between Sachsenmilch AG and Oberfinanz-
direktion Nürnberg on the following questions:

C 182/26

EN

Official Journal of the European Union

23.7.2005

(1) Is the Combined Nomenclature (CN)

in the version of
to Regulation (EC) No 1789/2003 (1) of 11
Annex I
September 2003 amending Annex I to Council Regulation
(EEC) No 2658/87 (2) on the tariff and statistical nomencla-
ture and the Common Customs Tariff (CCT) to be inter-
preted as meaning that pizza cheese (mozzarella) that was
stored after its manufacture for one to two weeks at 2 to 4°
C is to be classified under subheading 0406 10 CN?

(2) In the absence of Community rules, may the examination
of whether cheese is fresh cheese within the meaning of
subheading 0406 10 CN be carried out on the basis of
organoleptic features?

(1) OJ 2003 L 281, p. 1.
(2) OJ 1987 L 256, p. 1.

in so far as it lays down that lending is not subject to any
authorisation or remuneration after at least 18 months from
the first act of the distribution period, or after at least 24
months from the realisation of those works if the right of
distribution is not exercised.

The Commission submits that in exempting all State book and
record libraries from the payment of remuneration, that article
of Law No 633/41 simultaneously infringes Article 5(2) and
Article 5(3) of Directive 92/100/EEC. By not complying with
the conditions for the grant of a derogation from exclusive
lending right
that provision also
infringes Article 1 of that directive.

for public institutions,

(1) OJ 1992 L 346, p. 61 of 27.11.1992.

Action brought on 4 May 2005 by the Commission of the
European Communities against the Italian Republic

(Case C-198/05)

(2005/C 182/48)

(Language of the case: Italian)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 4 May 2005
by the Commission of the European Communities, represented
by W. Wils and L. Pignataro, acting as Agents.

The applicant claims that the Court should:

1. declare that the Italian Republic has failed to fulfil its obliga-
tions under Articles 1 and 5 of Directive 92/100/EEC of 19
November 1992 (1) in that all the categories of establish-
ments which are accessible to the public within the
meaning of the directive are exempt from public lending
right.

2. order the Italian Republic to pay the costs.

Pleas in law and main arguments

The Commission notes that Article 69(1)(b) of Law No 633/41
exempts all State book and record libraries from lending right

Reference for a preliminary ruling from the Cour d'appel
de Bruxelles by judgment of that court of 28 April 2005
in European Community v Belgian State

(Case C-199/05)

(2005/C 182/49)

(Language of the case: French)

Reference has been made to the Court of Justice of the Euro-
pean Communities by judgment of the Cour d'appel de Brux-
elles (Court of Appeal, Brussels) of 28 April 2005, received at
the Court Registry on 9 May 2005, for a preliminary ruling in
the proceedings between the European Community and the
Belgian State on the following questions:

1. Must the second paragraph of Article 3 of the Protocol on
the Privileges and Immunities of the European Communities,
which provides that the governments of the Member States
shall take the appropriate measures to remit or refund the
amount of indirect taxes or sales taxes, be interpreted as
meaning that a proportional duty levied in respect of deci-
courts and tribunals, given in all matters,
sions of
concerning orders to pay amounts of money or securities
and calculation of amounts of money or securities payable
falls within its scope?