Case C-142/06: Judgment of the Court (Third Chamber) of 18 July 2007 (reference for a preliminary ruling from the Østre Landsret, Denmark) — Olicom A/S v Skatteministeriet (Common Customs Tariff — Tariff headings — Classification in the combined nomenclature — Automatic data processing machines — Combined network/modem cards — Definition of specific function )
Date: 2007-09-08
Institutions: Court of Justice
Subjects: Combined Nomenclature, common customs tariff, electronic equipment, information processing, interpretation of the law

C 211/6

EN

Official Journal of the European Union

8.9.2007

Judgment of the Court (Sixth Chamber) of 18 July 2007 —
Republic of Poland v European Parliament and Council of
the European Union

Judgment of the Court (Third Chamber) of 18 July 2007
(reference for a preliminary ruling from the Østre
Landsret, Denmark) — Olicom A/S v Skatteministeriet

(Case C-460/05) (1)

(Case C-142/06) (1)

(Directive 2005/36/EC — Recognition of professional qualifi-
cations — Nurses responsible for general care — Midwives —
Specific provisions applicable to Polish qualifications —
Validity — Duty to give reasons — Introduced by Act of
Accession)

(Common Customs Tariff — Tariff headings — Classification
in the combined nomenclature — Automatic data processing
machines — Combined network/modem cards — Definition of
‘specific function’)

(2007/C 211/09)

Language of the case: Polish

(2007/C 211/10)

Language of the case: Danish

Parties

Referring court

Applicant: Republic of Poland (represented by:
Szpunar and M. Brzezińska, Agents)

J. Pietras, M.

Østre Landsret

Defendants: European Parliament (represented by: U. Rösslein
and A. Padowska, acting as Agents) and Council of the Euro-
pean Union (represented by: M.C. Giorgi Fort, R. Szostak and F.
Florindo Gijón, acting as Agents)

Intervener in support of the form of order sought by the defendant:
Commission of the European Communities (represented by: H.
Stølvbæk and A. Stobiecka-Kuik, acting as Agents)

Parties to the main proceedings

Applicant: Olicom A/S

Defendant: Skatteministeriet

Re:

Re:

Annulment of Articles 33(2) and 43(3) of Directive 2005/36/EC
of the European Parliament and of the Council of 7 September
2005 on the recognition of professional qualifications (OJ 2005
L 255, p. 22) — Special rules for the recognition of
the
acquired rights of nurses responsible for general care and
midwives who have Polish qualifications

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Republic of Poland to pay the costs;

3. Orders the Commission of the European Communities to bear its

own costs.

Reference for a preliminary ruling — Østre Landsret —
Interpretation of Council Regulation (EEC) No 2658/87 of
23 July 1987 on the tariff and statistical nomenclature and on
the Common Customs Tariff (OJ 1987 L 256, p. 1), as amended
by Commission Regulation No 3009/95 of 22 December 1995
(OJ L 1995 L 319, p. 1) — Headings 8471 (automatic data-
processing machines) and 8517 (telecommunication apparatus)
— Network cards with double function, access to local area
network and the Internet — Specific function

Operative part of the judgment

8471

Combined cards designed to be inserted into portable computers must,
after 1 January 1996, be classified as data-processing machines under
heading
the
Common Customs Tariff, contained 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 3009/95 of 22 December 1995.

Combined Nomenclature

the

of

of

(1) OJ C 60, 11.3.2006.

(1) OJ C 143, 17.6.2006.