Case C-196/05: Judgement of the Court (Sixth Chamber) of  8 June 2006  (reference for a preliminary ruling from the Finanzgericht München (Germany)) — Sachsenmilch AG v Oberfinanzdirektion Nürnberg (Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheading 0406 10 (fresh cheese) — Annex I to Regulation (EEC) No 2658/87 as amended by Regulation (EC) No 1832/2002 — Tariff classification of pizza mozzarella in block form that has been stored after its manufacture for one to two weeks at a low temperature)
Date: 2006-07-29
Institutions: Court of Justice
Subjects: Combined Nomenclature, fresh cheese, interpretation of the law, soft cheese

29.7.2006

EN

Official Journal of the European Union

C 178/9

Parties to the main proceedings

Judgement of the Court (Sixth Chamber) of 8 June 2006
(reference for a preliminary ruling from the Finanzgericht
München (Germany)) — Sachsenmilch AG v Oberfinanz-
direktion Nürnberg

Applicant: Uradex SCRL

(Case C-196/05) (1)

Defendant: Union Professionnelle de la Radio et de la Télédistri-
bution (RTD), Société Intercommunale pour la Diffusion de la
Télévision (BRUTELE)

classification —
(Common Customs Tariff — Tariff
Combined Nomenclature — Subheading 0406 10 (fresh
cheese) — Annex I to Regulation (EEC) No 2658/87 as
amended by Regulation (EC) No 1832/2002 — Tariff classi-
fication of pizza mozzarella in block form that has been
stored after its manufacture for one to two weeks at a low
temperature)

(2006/C 178/14)

Language of the case: German

Re:

Reference for a preliminary ruling — Belgian Court of Cassa-
tion — Interpretation of Article 9(2) of Council Directive
93/83/EEC of 27 September 1993 on the coordination of
certain rules concerning copyright and rights related to copy-
right applicable to satellite broadcasting and cable retransmis-
sion (OJ L 248, 1993, p. 15) — Extent of the powers of a
collecting society deemed to be mandated to manage the rights
of a copyright owner or holder of related rights who has not
transferred the management of his rights to a collecting society
— Exercise of the right to grant or refuse authorisation to a
cable operator for cable retransmission

Referring court

Finanzgericht München

Parties to the main proceedings

Applicant: Sachsenmilch AG

Defendant: Oberfinanzdirektion Nürnberg

Re:

Operative part of the judgement

Article 9(2) of Council Directive 93/83/EEC of 27 September 1993
on the coordination of certain rules concerning copyright and rights
related to copyright applicable to satellite broadcasting and cable
retransmission is to be interpreted as meaning that, where a collecting
society is deemed to be mandated to manage the rights of a copyright
owner or holder of related rights who has not transferred the manage-
ment of his rights to a collecting society, that society has the power to
exercise that rightholder's right to grant or refuse authorisation to a
cable operator for cable retransmission and, consequently, its mandate
is not limited to management of the pecuniary aspects of those rights.

(1) OJ C 143, 11.6.2005.

Reference for a preliminary ruling — Finanzgericht Munchen
(EC) No
— Interpretation of Commission Regulation
1789/2003 of 11 September 2003 amending Annex I
to
Council Regulation (EEC) No 2658/87 on the tariff and statis-
tical nomenclature and the Common Customs Tariff (OJ 1987
L 256, p.1) — Subheading 0406 10 CN (fresh cheese) —
Mozzarella for pizza that has been stored after production for
one to two weeks at low temperature

Operative part of the judgement

The Court:

Subheading 0406 10 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
Tariff, as amended by Commission Regulation (EC) No 1832/2002
of 1 August 2002, must be interpreted as meaning that it applies to
pizza mozzarella in block form that was stored after its manufacture
for one to two weeks at 2 to 4 °C unless that storage is sufficient for
such mozzarella to undergo a process at the end of which it has
acquired one or more new objective characteristics or properties,
in
particular with regard to its composition, appearance or taste. It is for
the national court to determine whether those conditions are satisfied.

(1) OJ C 182, 23.7.2005.