Case C-183/06: Judgment of the Court (Fifth Chamber) of 15 February 2007 (reference for a preliminary ruling from the Finanzgericht München — Germany) — Ruma GmbH v Oberfinanzdirektion Nürnberg (Common Customs Tariff — Combined Nomenclature — Tariff classification — Heading 8529 — Subheading 8529 90 40 — Keypad membrane for mobile telephones)
Date: 2007-04-14
Institutions: Court of Justice
Subjects: Combined Nomenclature, electrical equipment, interpretation of the law

14.4.2007

EN

Official Journal of the European Union

C 82/7

Re:

Operative part of the judgment

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 25 October 2005 in Case T-38/02 Groupe Danone
v Commission, whereby the Court of First Instance dismissed in
part
annulment of Commission Decision
2003/569/EC of 5 December 2001 relating to a proceeding
pursuant to Article 81 EC (OJ 2003 L 200, p. 1).

the action for

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Council Directive
96/48/EC of 23 July 1996 on the interoperability of the trans-
European high-speed rail system, the Slovak Republic has failed to
fulfil its obligations under that directive.

Operative part of the judgment

2. Orders the Slovak Republic to pay the costs.

The Court:

1. Dismisses the appeal;

2. Orders Groupe Danone to pay the costs.

(1) OJ C 48 of 25.2.2006.

(1) OJ C 96 of 22.4.2006.

Judgment of the Court (Fifth Chamber) of 15 February
2007 (reference for a preliminary ruling from the Finanz-
gericht München — Germany) — Ruma GmbH v Oberfi-
nanzdirektion Nürnberg

(Case C-183/06) (1)

Judgment of the Court (Eighth Chamber) of 8 February
2007 — Commission of the European Communities v The
Slovak Republic

(Common Customs Tariff — Combined Nomenclature —
classification — Heading 8529 — Subheading
Tariff

8529 90 40 — Keypad membrane for mobile telephones)

(Case C-114/06) (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 96/48/EC — Trans-European networks — Interoperability
of the trans-European high-speed rail system — Failure to
transpose)

(2007/C 82/12)

Language of the case: Slovak

Parties

(2007/C 82/13)

Language of the case: German

Referring court

Finanzgericht München (Germany)

Parties in the main proceedings

Applicant: RUMA GmbH

Applicant: Commission of the European Communities (repre-
sented by: G. Zavvos and T. Kukal, acting as Agents)

Defendant: Oberfinanzdirektion Nürnberg

Defendant: The Slovak Republic (represented by: R. Procházka,
acting as Agent)

Re:

Re:

Failure by a Member State to fulfil its obligations — Failure to
adopt, within the period prescribed, Council Directive 96/48/EC
of 23 July 1996 on the interoperability of the trans-European
high-speed rail system (OJ 1996 L 235, p. 6)

Reference for a preliminary ruling — Finanzgericht München —
Interpretation of 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, p. 1) —
Heading 8538 — Mobile
telephone keyboard membrane
(keypad) which has non-conductive contact pins on the under-
side

C 82/8

EN

Official Journal of the European Union

14.4.2007

Operative part of the judgment

2. Orders the Portuguese Republic to pay the costs.

The Combined Nomenclature in Annex I to Council Regulation (EEC)
No 2658/87 of 23 July 1987 on the tariff and statistical nomencla-
ture and on the Common Customs Tariff, as amended by Commission
Regulation (EC) No 1789/2003 of 11 September 2003, must be
interpreted as meaning that keypad membranes of polycarbonate which
have moulded keys on their upper side and non-conductive contact pins
on their underside and are intended for incorporation into mobile tele-
phones are covered by subheading 8529 90 40.

(1) OJ C 143, 17.6.2006.

Judgment of the Court (Seventh Chamber) of 1 February
the European Communities v
2007 — Commission of

Portuguese Republic

(Case C-324/06) (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2004/116/EC — Inclusion of the yeast Candida guillier-
mondii in Annex I to Directive 82/471/ECC — Failure to
adopt necessary measures)

(2007/C 82/14)

Language of the case: Portuguese

Parties

(1) OJ C 224 of 16.9.2006.

Order of the Court (Sixth Chamber) of 14 December 2006
— Herbert Meister v Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case C-12/05 P) (1)

(Appeal — Employment — Reassignment of a head of service
as legal adviser to the Vice-President for Legal Affairs —
Appeal in part manifestly inadmissible and in part manifestly
unfounded)

(2007/C 82/15)

Language of the case: French

Parties

Appellant: Herbert Meister (represented by: P. Goergen, lawyer)

Other party to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: I. de
Medrano Caballero, Agent)

Applicant: Commission of the European Communities (repre-
sented by: A. Szmytkowska and P. Guerra e Andrade, acting as
Agents)

Re:

Defendant: Portuguese Republic (represented by: L. Fernandes
and F. Fraústo de Azevedo, acting as Agents)

Re:

Failure by a Member State to fulfil its obligations — Failure to
adopt, within the period prescribed, all the measures necessary
to comply with Commission Directive 2004/116/EC of
23 December 2004 amending the Annex to Council Directive
82/471/EEC as regards the inclusion of Candida guilliermondii
(OJ 2004 L 379, p. 81)

Operative part of the judgment

The Court:

Appeal against the judgment of
the Court of First Instance
(Third Chamber) of 28 October 2004 in Case T-76/03 Meister v
OHIM, in which the Court of First Instance dismissed the action
for annulment of OHIM's decision of 22 April 2002 appointing
the appellant, in the interest of the service, with his post, as
legal adviser to the Vice-President for Legal Affairs

Operative part of the order

1. The appeal and cross-appeal are dismissed;

2. Mr Meister is ordered to pay the costs of the appeal;

3. The Office for Harmonisation in the Internal Market (Trade Marks

and Designs) is ordered to pay the costs of the cross-appeal.

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Commission Directive
2004/116/EC of 23 December 2004 amending the Annex to
Council Directive 82/471/EEC as regards the inclusion of Candida
guilliermondii, the Portuguese Republic has failed to fulfil its obli-
gations under Article 2(1) of that directive;

(1) OJ C 93, 16.4.2005.