Case C-517/06: Judgment of the Court (Sixth Chamber) of 18 July 2007 — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 2003/98/EC — Re-use of public sector information — Failure to transpose within the period prescribed)
Date: 2007-09-08
Institutions: Court of Justice
Subjects: Austria, European Commission, access to information, action for failure to fulfil an obligation, data collection, dissemination of information, information, national implementing measure, public sector

8.9.2007

EN

Official Journal of the European Union

C 211/9

Judgment of the Court (Seventh Chamber) of 18 July 2007
(reference for a preliminary ruling from the Hoge Raad der
Nederlanden, Netherlands) — Op- en Overslagbedrijf Van
der Vaart B.V. v Staatssecretaris van Financiën

granules of 2 to 4 mm in size and is intended for use in the manu-
facture of pizza toppings and in the preparation of cheese sauces.

(Case C-402/06) (1)

(1) OJ C 310, 16.12.2006.

classification —
(Common Customs Tariff — Tariff
Combined Nomenclature — Product obtained from curdled
milk and the extraction of a significant quantity of serum)

(2007/C 211/15)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Appellant: Op — en Overslagbedrijf Van der Vaart

Judgment of the Court (Sixth Chamber) of 18 July 2007 —
Commission of the European Communities v Republic of
Austria

(Case C-517/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/98/EC — Re-use of public sector information — Failure
to transpose within the period prescribed)

(2007/C 211/16)

Language of the case: German

Respondent: Staatssecretaris van Financiën

Parties

Re:

for

a preliminary ruling — Hoge Raad der
Reference
Nederlanden — Interpretation of Annex I to Commission Regu-
lation (EC) No 1734/96 of 9 September 1996 amending
Annex I to Council Regulation (EEC) No 2658/87 on the tariff
and statistical nomenclature and on the Common Customs
Tariff (OJ 1996 L 238, p. 1) — Product obtained from curdled
milk and extraction of most of the serum containing not more
than 2 % of whey-albumin that has been broken down by the
activity of an enzyme added during a drying process lasting 24
to 36 hours

Applicant: Commission of the European Communities (repre-
sented by: G. Braun and E. Montaguti, acting as Agents)

Defendant: Republic of Austria (represented by: E. Riedl, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, all the measures necessary
to comply with Directive 2003/98/EC of the European Parlia-
ment and of the Council of 17 November 2003 on the re-use
of public sector information (OJ 2003 L 345, p. 90)

Operative part of the judgment

Operative part of the judgment

1. Heading 0406 of the Combined Nomenclature, set out 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 1734/96
of 9 September 1996, must be construed in such a way that it can
accommodate the classification of a product, such as that in issue
in the main proceedings, obtained from curdled milk from which a
great deal of the serum has been extracted and the albumin content
of which has been reduced, by the effect of an enzyme, to 2 % of
the total quantity of the albumins during a drying process lasting
24 to 36 hours and consisting of casein and more than 50 %
humidity.

2. Subheading 0406 20 90 of the Combined Nomenclature must be
construed in such a way that it can accommodate a product, such
as that in issue in the main proceedings, which contains more than
50 % humidity and less than 1 % fat and is ground into regular

The Court:

1. Declares that, by failing to adopt in the legislation of the Länder of
Styria and Salzburg, within the period prescribed, all the laws,
regulations and administrative measures necessary to comply with
Directive 2003/98/EC of
the
Council of 17 November 2003 on the re-use of public sector infor-
mation, the Republic of Austria has failed to fulfil its obligations
under that directive;

the European Parliament and of

2. Orders the Republic of Austria to pay the costs.

(1) OJ C 42, 24.2.2007.