Case C-411/07: Judgment of the Court (Fifth Chamber) of 2 October 2008 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — X B.V. v Staatssecretaris van Financiën (Common Customs Tariff — Combined Nomenclature — Tariff classification — Headings 8541, 8542 and 8543 — Optocouplers)
Date: 2008-10-02
Institutions: Court of Justice
Subjects: Combined Nomenclature, electrical equipment, interpretation of the law, machinery

22.11.2008

EN

Official Journal of the European Union

C 301/11

Re:

Reference for a preliminary ruling — Supreme Court — Inter-
pretation of Article 22(2) of Council Regulation (EC)
No 44/2001 of 22 December 2000 on jurisdiction and the
recognition and enforcement of judgments in civil and commer-
cial matters (OJ 2001 L 12, p. 1) — Medical trade union consti-
tuted in the form of a company under the law of a Member
State, which provides assistance and indemnity to its members
practising in the Member State and in another Member State —
Provision of the assistance/indemnity dependent on a decision
taken by the board of directors of that company under an abso-
lute discretionary power — Challenge to a decision refusing
assistance or indemnity to a doctor practising in the other
Member State — Exclusive jurisdiction of the courts of the State
in which the company has its seat on the basis of Article 22(2)
of the regulation

Operative part of the judgment

Point 2 of Article 22 of Council Regulation (EC) No 44/2001 of
22 December 2000 on jurisdiction and the recognition and enforce-
ment of judgments in civil and commercial matters is to be interpreted
as meaning that proceedings, such as those at issue before the referring
court, in the context of which one of the parties alleges that a decision
adopted by an organ of a company has infringed rights that it claims
that company's Articles of Association, do not concern the
under
validity of
the organs of a company within the
meaning of that provision.

the decisions of

(1) OJ C 283, 24.11.2007.

Judgment of the Court (Third Chamber) of 9 October 2008
(reference for a preliminary ruling from the Fővárosi
Bíróság, Republic of Hungary) — Criminal proceedings
brought by Győrgy Katz against István Roland Sós

(Case C-404/07) (1)

(Police and judicial cooperation in criminal matters — Frame-
work Decision 2001/220/JHA — Standing of victims in crim-
inal proceedings — Private prosecutor in substitution for the
public prosecutor — Testimony of the victim as a witness)

Parties in the criminal proceedings

Győrgy Katz against István Roland Sós

Re:

Reference for a preliminary ruling — Fővárosi Bíróság — Inter-
pretation of Articles 2 and 3 of Council Framework Decision of
15 March 2001 on the standing of victims in criminal proceed-
ings (OJ 2001 L 82, p. 1) — National legislation precluding the
possibility of the victim giving evidence in criminal proceedings
instituted by the victim as a substitute private prosecutor

Operative part of the judgment

Articles 2 and 3 of Council Framework Decision 2001/220/JHA of
15 March 2001 on the standing of victims in criminal proceedings
are to be interpreted as not obliging a national court to permit the
victim to be heard as a witness in criminal proceedings instituted by a
substitute private prosecution such as that in issue in the main proceed-
ings. However, in the absence of such a possibility, it must be possible
for the victim to be permitted to give testimony which can be taken
into account as evidence.

(1) OJ C 283, 24.11.2007.

the Court

Judgment of
(Fifth Chamber) of 2 October
2008 (reference for a preliminary ruling from the Hoge
Raad der Nederlanden — Netherlands) — X B.V. v
Staatssecretaris van Financiën

(Case C-411/07) (1)

(Common Customs Tariff — Combined Nomenclature —
Tariff classification — Headings 8541, 8542 and 8543 —
Optocouplers)

(2008/C 301/21)

Language of the case: Dutch

(2008/C 301/20)

Referring court

Language of the case: Hungarian

Hoge Raad der Nederlanden

Referring court

Fővárosi Bíróság

Parties to the main proceedings

Applicant: X B.V.

Defendant: Staatssecretaris van Financiën

C 301/12

EN

Official Journal of the European Union

22.11.2008

Re:

for

Reference
a preliminary ruling — Hoge Raad der
Nederlanden — Interpretation of Commission Regulation (EC)
No 1832/2002 of 1 August 2002 amending Annex I
to
Council Regulation (EEC) No 2658/87 on the tariff and statis-
tical nomenclature and on the Common Customs Tariff
(OJ 2002 L 290, p. 1) — Optical-electrical circuit that is an inte-
gral part of a machine enclosed in a plastic case containing a
light emitting diode (‘LED’), a plastic film and a photodetector
and amplifying circuit and is intended for incorporation in
communication and computer equipment, consumer electronics
and industrial machines — Headings 8541, 8542 and 8543 of
the CN

Article 7 of Decision No 1/80 of the Association Council of
19 September 1980 on the Development of the Association
and of Article 59 of the Additional Protocol on the transitional
phase laid down under the Agreement establishing an Associa-
tion between the European Economic Community and Turkey,
signed on 23 November 1970 and concluded, approved and
confirmed on behalf of the Community by Council Regulation
(EEC) No 2760/72 of 19 December 1972 (JO 1972 L 293,
p. 1) — Right of residence of a Turkish national who entered
the territory of a Member State as a minor for the purpose of
family reunification — Loss of the right of residence — No
lawful pursuit of an economic activity after the party in ques-
tion attained majority

Operative part of the judgment

Operative part of the judgment

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 1832/2002 of 1 August 2002, must be inter-
preted as meaning that an optocoupler, regardless of whether not it
contains an amplifying circuit, falls within heading 8541.

(1) OJ C 283, 24.11.2007.

Judgment of the Court (Third Chamber) of 25 September
2008 (reference
a preliminary ruling from the
Verwaltungsgericht Gießen — Germany) — Hakan Er v
Wetteraukreis

for

(Case C-453/07) (1)

(EEC-Turkey Association Agreement — Decision No 1/80 of
the Association Council — Article 7, first paragraph, second
indent — Right of residence of the adult child of a Turkish
worker — Absence of paid employment — Conditions
governing the loss of acquired rights)

(2008/C 301/22)

Language of the case: German

Referring court

Verwaltungsgericht Gießen

Parties to the main proceedings

Applicant: Hakan Er

Defendant: Wetteraukreis

Re:

A Turkish national, who was authorised to enter the territory of a
Member State as a child in the context of a family reunion, and who
has acquired the right to take up freely any paid employment of his
choice under the second indent of the first paragraph of Article 7 of
Decision No 1/80 of 19 September 1980 on the Development of the
Association, adopted by the Association Council established by the
Association Agreement between the European Economic Community
and Turkey, does not lose the right of residence in that State, which is
the corollary of that right of free access, even though, at the age of 23,
he has not been in paid employment since leaving school at the age of
16 and has taken part in government job-support schemes without,
however, completing them.

(1) OJ C 297, 8.12.2007.

Judgment of the Court (Sixth Chamber) of 2 October 2008
— Commission of the European Communities v Hellenic
Republic

(Case C-36/08) (1)

(Failure of a Member State to fulfil obligations — Directive
93/16/EEC — Specific training required to practise as a
general practitioner — Incorrect transposition)

(2008/C 301/23)

Language of the case: Greek

Parties

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

Reference for a preliminary ruling — Verwaltungsgericht Gießen
— Interpretation of the second indent of the first paragraph of

Defendant: Hellenic Republic (represented by: E. Skandalou,
acting as Agent)