Case C-518/04: Judgment of the Court (Fifth Chamber) of  16 March 2006  — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil its obligations — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Protection of Species)
Date: 2006-06-03
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, environmental law, environmental protection, protection of animal life

C 131/22

EN

Official Journal of the European Union

3.6.2006

Parties to the main proceedings

Applicant: Proxxon GmbH

Defendant: Oberfinanzdirektion Köln

Re:

Reference for a preliminary ruling — Finanzgericht Düsseldorf
— Interpretation of the Combined Nomenclature as amended
by Commission Regulation (EC) No 1789/2003 of 11
September 2003 amending Annex I
to Council Regulation
(EEC) No 2658/87 on the tariff and statistical nomenclature
and on the Common Customs Tariff
(OJ 2003 L 281) —
‘Hand-operated spanners and wrenches (including torque meter
wrenches but not
interchangeable
spanner sockets, with or without handles’ within the meaning
of Heading 8204 — Screwdriver bits with square drive for
slotted-head, cross-head, TX and hexagon socket head screws
and square-system torque meter wrenches

including tap wrenches);

Operative part of the judgment

1. Heading 8204 of the Combined Nomenclature 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
amended by Commission Regulation (EC) No
Tariff,
2388/2000 of 13 October 2000,
is to be interpreted as not
covering separately imported screwdriver bits with square drive for
slotted-head, cross-head, TX (internal Torx) and hexagon socket
head screws, as described in the order for reference.

as

2. Heading 8204 of the Combined Nomenclature is to be interpreted
as covering separately imported parts of the square system, as
described in the order for reference, which are not in direct contact
with the fastener during use.

3. Heading 8204 of the Combined Nomenclature is to be interpreted
imported square-system torque meter

as
wrenches of the type described in the order for reference.

covering separately

Judgment of the Court (Fifth Chamber) of 16 March 2006
— Commission of the European Communities v Hellenic
Republic

(Case C-518/04) (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 92/43/EEC — Conservation of natural habitats and of
wild fauna and flora — Protection of Species)

(2006/C 131/39)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and M. van Beek, acting as
Agents)

Defendant: Hellenic Republic (represented by: E. Skandalou,
acting as Agent)

Re:

Failure of a Member State to fulfil its obligations — Infringe-
ment of Article 12(1)(b) of Council Directive 92/43/EEC of 21
May 1992 on the conservation of natural habitats and of wild
fauna and flora (OJ 1992 L 206, p. 7) — Protection of vipers
Vipera Schweizeri on the island of Milos — Failure to adopt the
measures necessary to prohibit disturbance of
that species
during the period of breeding and the deterioration or destruc-
tion of breeding sites

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the prescribed period, the
measures necessary to establish and implement an effective system
of strict protection for the viper Vipera schweizeri on the island of
Milos prohibiting deliberate disturbance of that species, particu-
larly during the period of breeding, rearing and hibernation and
deterioration or destruction of breeding sites or resting places of
that species, the Hellenic Republic has failed to fulfil its obliga-
tions under Article 12(1)(b) and (d) of Council Directive
92/43/EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 57, 05.03.2005

(1) OJ C 57 of 05.03.2005.