Case C-229/06: Judgment of the Court (Seventh Chamber) of 19 April 2007 (reference for a preliminary ruling from the Finanzgericht Hamburg, Germany) — Sunshine Deutschland Handelsgesellschaft mbH v Hauptzollamt Kiel (Common Customs Tariff — Tariff classification — Combined Nomenclature — Pumpkin seeds which have lost their ability to germinate)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: Combined Nomenclature, bakery, fruit vegetable, interpretation of the law

28.4.2007

EN

Official Journal of the European Union

C 96/17

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, as regards financial services other
than private insurance, the laws, regulations and administrative
provisions necessary to comply with Directive 2002/65/EC of the
European Parliament and of the Council of 23 September 2002
concerning the distance marketing of consumer financial services
and amending Council Directive 90/619/EEC and Directives
97/7/EC and 98/27/EC, the Kingdom of Spain has failed to fulfil
its obligations under that directive;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 121 of 20.5.2006.

Judgment of the Court (Seventh Chamber) of 19 April
a preliminary ruling from the
2007 (reference
Finanzgericht
Germany) — Sunshine
Deutschland Handelsgesellschaft mbH v Hauptzollamt Kiel

Hamburg,

for

tariff and statistical nomenclature 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 shelled
pumpkin seeds which have lost their ability to germinate and which are
intended for use in the baking industry come under that subheading.

(1) OJ C 190, 12.8.2006.

Judgment of the Court (Eighth Chamber) of 19 April 2007
— Commission of the European Communities v Grand
Duchy of Luxembourg

(Case C-264/06) (1)

(Failure of a Member State to fulfil obligations — Regulation
(EC) No 261/2004 — Article 16(3) — Compensation and
assistance to passengers — Measures necessary)

(2007/C 96/29)

Language of the case: French

(Case C-229/06) (1)

(Common Customs Tariff — Tariff
classification —
Combined Nomenclature — Pumpkin seeds which have lost
their ability to germinate)

Parties

(2007/C 96/28)

Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Applicant: Sunshine Deutschland Handelsgesellschaft mbH

Defendant: Hauptzollamt Kiel

Re:

Reference for a preliminary ruling — Finanzgericht Hamburg —
Interpretation of Annex I
to Council Regulation (EEC)
No 2658/87 on the tariff and statistical nomenclature and on
the Common Customs Tariff (OJ 1987 L 256, p. 1) — Subhead-
ings 1209 91 90 and 1212 99 80 — Shelled pumpkin seeds
which have lost the ability to germinate and are intended for
the baking industry

Operative part of the judgment

Subheading 1212 99 80 of the Combined Nomenclature in Annex I
to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the

Applicant: Commission of the European Communities (repre-
sented by: D. Maidani and R. Vidal Puig, acting as Agents)

Defendant: Grand Duchy of Luxembourg (represented by:
C. Schiltz)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt the measures necessary to comply with Article 16(3) of
Regulation (EC) No 261/2004 of the European Parliament and
of the Council of 11 February 2004 establishing common rules
on compensation and assistance to passengers in the event of
denied boarding and of cancellation or long delay of flights, and
repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1) —
Adoption of effective, proportionate and dissuasive sanctions

Operative part of the judgment

The Court:

1. Declares that, by not laying down sanctions for infringements of
Regulation (EC) No 261/2004 of the European Parliament and of
the Council of 11 February 2004 establishing common rules on
compensation and assistance to passengers in the event of denied
boarding and of cancellation or long delay of flights, and repealing
Regulation (EEC) No 295/91, the Grand Duchy of Luxembourg
has failed to fulfil its obligations under Article 16(3) of that regu-
lation;