Case C-15/05: Judgment of the Court (Fifth Chamber) of  27 April 2006  (reference for a preliminary ruling from the Gerechtshof te Amsterdam ) — Kawasaki Motors Europe NV v Inspecteur van de Belastingdienst/Douane district Rotterdam (Common Customs Tariff — Tariff headings — Classification of vehicles — Tractors — Cars and vehicles principally designed for the transport of persons — Regulation (EC) No 2518/98 — Point 5 of the annexed table — Invalidity)
Date: 2006-06-17
Institutions: Court of Justice
Subjects: interpretation of the law, motor car, motor vehicle, tariff nomenclature

17.6.2006

EN

Official Journal of the European Union

C 143/17

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ergün Torun

Defendant: Stadt Augsburg

Applicants: Cynthia Mattern, Hajrudin Cikotic

Defendant: Ministre du Travail et de l'Emploi

Re:

Re:

Reference for a preliminary ruling — Bundesverwaltungsgericht
— Interpretation of Articles 6, 7 and 14 of Decision 1/80 of
the EEC/Turkey Association Council — Turkish national who is
a member of the family of a Turkish worker, who is duly regis-
tered as belonging to the labour force in a Member State, and
who has been given a three year prison sentence, not
suspended — Loss of right of residence

Operative part of the judgment

The child, who has reached the age of majority, of a Turkish migrant
worker who has been legally employed in a Member State for more
than three years, and who has successfully finished a vocational
training course in that State and satisfies the conditions set out in the
second paragraph of Article 7 of Decision No 1/80 of 19 September
1980 on the development of the Association, adopted by the Associa-
tion Council established by the Association Agreement between the
European Economic Community and Turkey, does not lose the right
of residence that is the corollary of the right to respond to any offer of
employment conferred by that provision except in the circumstances
laid down in Article 14(1) of that provision or when he leaves the
territory of the host Member State for a significant length of time
without legitimate reason.

Reference for a preliminary ruling — Cour administrative —
Interpretation of Article 39 of the EC Treaty and of Regulation
(EEC) No 1612/68 of the Council of 15 October 1968 on
freedom of movement for workers within the Community (OJ,
English Special Edition, 1968 (II), p. 475) — National of a third
country, married to a national of a Member State, seeking
exemption from the requirement to obtain a work permit in
that Member State — Community national spouse who has
attended a vocational training course and professional training
in another Member State

Operative part of the judgment

In circumstances such as those in the main proceedings, Article 11 of
Regulation (EEC) No 1612/68 of the Council of 15 October 1968
on freedom of movement
for workers within the Community, as
amended by Council Regulation (EEC) No 2434/92 of 27 July
1992, does not confer on a national of a third country the right to
take up an activity as an employed person in a Member State other
than the one in which his spouse, a Community national, pursues or
has pursued an activity as an employed person in exercise of her right
to free movement.

(1) OJ C 31, 05.02.2005.

(1) OJ C 69, 19.03.2005.

Judgment of the Court (First Chamber) of 30 March 2006
(reference for a preliminary ruling from the Cour adminis-
trative) — Cynthia Mattern, Hajrudin Cikotic v Ministre
du Travail et de l'Emploi

Judgment of the Court (Fifth Chamber) of 27 April 2006
(reference for a preliminary ruling from the Gerechtshof
te Amsterdam ) — Kawasaki Motors Europe NV v Inspec-
teur van de Belastingdienst/Douane district Rotterdam

(Case C-10/05) (1)

(Case C-15/05) (1)

(Freedom of movement for persons — Workers — Family
members — Right of a national of a third country married to
a Community national to take up an activity as an employed
person — Conditions)

(Common Customs Tariff — Tariff headings — Classifica-
tion of vehicles — Tractors — Cars and vehicles principally
designed for the transport of persons — Regulation (EC) No
2518/98 — Point 5 of the annexed table — Invalidity)

(2006/C 143/30)

Language of the case: French

(2006/C 143/31)

Language of the case: Dutch

Referring court

Cour administrative

Referring court

Gerechtshof te Amsterdam

C 143/18

EN

Official Journal of the European Union

17.6.2006

Parties to the main proceedings

Applicant: Kawasaki Motors Europe NV

Defendant:
Rotterdam

Inspecteur van de Belastingdienst/Douane district

Re:

Judgment of the Court (First Chamber) of 27 April 2006
(reference for a preliminary ruling from the Finanzgericht
Hamburg) — Elfering Export GmbH v Hauptzollamt
Hamburg-Jonas

(Case C-27/05) (1)

(Export refunds — Material condition — Regulation (EC) No
800/1999 — Beef and veal — Absence of proof as to the
origin of the products — Applicability of penalties)

(2006/C 143/32)

Language of the case: German

for

a preliminary

ruling — Gerechtshof

Reference
te
Amsterdam — Validity of Commission Regulation (EC) No
2518/98 of 23 November 1998 concerning the classification
of certain goods in the Combined Nomenclature (OJ 1998 L
315, p. 3) — New (all terrain) vehicles designed for hauling or
pushing another vehicle, appliance or load, considered suitable
for transporting persons — Tariff classification — Heading 87
03 21 and heading 87 01 90.

Referring court

Finanzgericht Hamburg (Germany)

Parties to the main proceedings

Applicant: Elfering Export GmbH

Operative part of the judgment

Defendant: Hauptzollamt Hamburg-Jonas

The Court:

Re:

1. By adopting a capacity different

from that contained in the
Harmonised System Committee's classification opinion of 1999
for vehicles described in subheading 8703 21 10 of the Combined
Nomenclature, namely the capacity to tow loads three times their
the
own weight or more, and thereby extending the scope of
heading covering vehicles principally designed for the transport of
persons, point 5 of the table annexed to Commission Regulation
(EC) No 2518/98 of 23 November 1998 concerning the classifi-
cation of certain goods in the Combined Nomenclature is invalid.

2. New all terrain four-wheeled vehicles with one seat only, fitted
with Ackerman steering controlled by a handlebar, equipped with
a towing hitch and the technical characteristics of which enable
them to push twice their own weight or more, must be classified in
subheading 8701 90 of that Nomenclature. It is for the Gerecht-
shof te Amsterdam to classify such vehicles in the subheadings
which correspond to their engine power.

Reference for a preliminary ruling — Finanzgericht Hamburg
— Interpretation of Articles 5(4) and 51(2) of Commission
Regulation (EC) No 800/1999 of 15 April 1999 laying down
common detailed rules for the application of the system of
export refunds on agricultural products (OJ 1999 L 102, p. 11)
— Indication, in the export declaration, that the products are
of Community origin — Lack of proof of the products' origin
— Applicability of penalties

Operative part of the judgment

The declaration made in an export declaration that the product in
respect of which a refund is sought is of Community origin is infor-
mation to which a penalty may attach under Article 51(2) of
Commission Regulation (EC) No 800/1999 of 15 April 1999
laying down common detailed rules for the application of the system
of export refunds on agricultural products in conjunction with Article
5(4) thereof.

(1) OJ C 82, 2.4.2005.

(1) OJ C 82, 02.04.2005.