CELEX: C1999/048/06
Language: en
Date: 1999-02-20 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 16 December 1998 in Case C-374/96 (reference for a preliminary ruling from the Finanzgericht Düsseldorf): Florian Vorderbrüggen v. Hauptzollamt Bielefeld (Additional levy on milk - Special reference quantity - Definitive grant - Conditions)

20.2.1999             EN                  Official Journal of the European Communities                                       C 48/3
a preliminary ruling in the proceedings pending before               The Combined Nomenclature, as laid down in Annex I to
that court between Georg Bruner, trading as Georg                   Commission Regulation (EEC) No 2505/92 of 14 July
Bruner' and Hauptzollamt Hamburg-Jonas Ð on the                      1992 amending Annexes I and II to Council Regulation
interpretation     of    Commission       Regulation    (EEC)        (EEC) No 2658/87 on the tariff and statistical
No 3846/87 of 17 December 1987 establishing an                       nomenclature and on the Common Customs Tariff is to be
agricultural product nomenclature for export refunds (OJ             interpreted as meaning that products such as Taxofit
L 366, 24.12.1981, p. 1) Ð the Court (Third Chamber),                Vitamin C + Ca Brausetabletten and Taxofit Vitamin C
composed of: J.-P. Puissochet (Rapporteur), President of             Kautabletten are to be classified under heading No 3004.
the Chamber, J. C. Moitinho de Almeida and C.
Gulmann, Judges; N. Fennelly, Advocate-General; L.
                                                                     (1) OJ C 357, 22.11.1997.
Hewlett, Administrator, for the Registrar, has given a
judgment on 10 December 1998, in which it has ruled:
Poultry cuts made up of two hind quarters of a fowl still
attached to one another by the skin of the back constitute
quarters' (code 0207 41 11 000) within the meaning of
the nomenclature of agricultural products for export                               JUDGMENT OF THE COURT
refunds established by Commission Regulation (EEC)
No 3846/87 of 17 December 1987.                                                            (Second Chamber)
                                                                                         of 16 December 1998
(1) OJ C 295, 27.9.1997.
                                                                     in Case C-374/96 (reference for a preliminary ruling from
                                                                     the Finanzgericht Düsseldorf): Florian Vorderbrüggen v.
                                                                                       Hauptzollamt Bielefeld (1)
                                                                     (Additional levy on milk Ð Special reference quantity Ð
                                                                                     Definitive grant Ð Conditions)
              JUDGMENT OF THE COURT                                                          (1999/C 48/06)
                       (First Chamber)
                    of 10 December 1998                                             (Language of the case: German)
in Case C-328/97 (reference for a preliminary ruling from
the Bundesfinanzhof): Glob-Sped AG v. Hauptzollamt
                          Lörrach (1)
                                                                       (Provisional translation; the definitive translation will be
(Combined Nomenclature Ð Headings Nos 3004 and                                published in the European Court Reports)
           2106 Ð Vitamin C-based preparations)
                        (1999/C 48/05)
                                                                     In Case C-374/96: reference to the Court under Article 177
                                                                     of the EC Treaty from the Finanzgericht Düsseldorf for a
               (Language of the case: German)                        preliminary ruling in the proceedings pending before that
                                                                     court between Florian Vorderbrüggen and Hauptzollamt
                                                                     Bielefeld Ð on the validity of Article 3(a)(3) of
                                                                     Commission Regulation (EEC) No 1546/88 of 3 June
  (Provisional translation; the definitive translation will be
                                                                     1988 laying down detailed rules for the application of the
         published in the European Court Reports)
                                                                     additional levy referred to in Article 5(c) of Regulation
                                                                     (EEC) No 804/68 (OJ L 139, 4.6.1988, p. 12), as
In Case C-328/97: reference to the Court under Article 177           amended by Regulation (EEC) No 1033/89 (OJ L 110,
of the EC Treaty from the Bundesfinanzhof (Germany) for              21.4.1989, p. 27) Ð the Court (Second Chamber),
a preliminary ruling in the proceedings pending before               composed of: G. Hirsch (Rapporteur), President of
that court between Glob-Sped AG and Hauptzollamt                     Chamber, G. F. Mancini and R. Schintgen, Judges; P.
Lörrach Ð on the interpretation of heading No 3004 of                LeÂger, Advocate-General; H. A. Rühl, Principal
Annex I to Commission Regulation (EEC) No 2505/92 of                 Administrator, for the Registrar, has given a judgment on
14 July 1992 amending Annexes I and II to Council                    16 December 1998, in which it has ruled:
Regulation (EEC) No 2658/87 on the tariff and statistical
nomenclature and on the Common Customs Tariff (OJ
L 267, 14.9.1992, p. 1) concerning the classification of             Consideration of the question referred has not revealed
vitamin C-based preparations Ð the Court (First                      any factor of such a kind as to affect the validity of the
Chamber), composed of: P. Jann, President of the                     first subparagraph of Article 3(a)(3) of Commission
Chamber, L. Sevón and M. Wathelet (Rapporteur), Judges;              Regulation (EEC) No 1546/88 of 3 June 1988 laying
N. Fennelly, Advocate-General; L. Hewlett, Administrator,            down detailed rules for the application of the additional
for the Registrar, has given a judgment on 10 December               levy referred to in Article 5(c) of Regulation (EEC)
1998, in which it has ruled:                                         No 804/68, as added by Regulation (EEC) No 1033/89, in
 ---pagebreak--- C 48/4                EN                  Official Journal of the European Communities                                  20.2.1999
so far as that provision requires milk deliveries actually to                        JUDGMENT OF THE COURT
be resumed before 29 March 1990.
                                                                                             (Fifth Chamber)
( ) OJ C 9, 11.1.1997.
 1
                                                                                          of 17 December 1998
                                                                            in Case C-353/96: Commission of the European
                                                                                        Communities v. Ireland (1)
                                                                     (Failure of a Member State to fulfil obligations Ð Public
                                                                     supply contracts Ð Review procedures Ð Definition of
               JUDGMENT OF THE COURT                                                      contracting authority)
                       (Sixth Chamber)
                                                                                              (1999/C 48/08)
                    of 17 December 1998
in Case C-186/96 (reference for a preliminary ruling from
the Bundesfinanzhof): Stefan Demand v. Hauptzollamt
                            Trier (1)                                                 (Language of the case: English)
(Milk Ð Additional levy scheme Ð Additional reference
quantity Ð Temporary withdrawal Ð Conversion into a
definitive reduction Ð Loss of compensation Ð General
          principles of law and fundamental rights)                  In Case C-353/96: Commission of the European
                        (1999/C 48/07)                               Communities (Agent: Richard Wainwright) v. Ireland
                                                                     (Agent: Michael A. Buckley, assisted by Eoghan
                                                                     Fitzsimons and Feargal ÓDubhghaill) Ð application for a
               (Language of the case: German)                        declaration that, by failing to comply with the provisions
                                                                     of Council Directive 77/62/EEC of 21 December 1976
                                                                     coordinating procedures for the award of public supply
  (Provisional translation; the definitive translation will be       contracts (OJ L 13, 15.1.1977, p. 1), as amended by
         published in the European Court Reports)                    Directive 88/295/EEC (OJ L 127, 20.5.1988, p. 1), and in
                                                                     particular by failing to publish its invitation to tender for
                                                                     the supply of fertiliser on behalf of Coillte Teoranta (The
In Case C-186/96: reference to the Court under Article 177           Irish Forestry Board Limited) in the Official Journal of the
of the EC Treaty from the Bundesfinanzhof, Germany for               European Communities, Ireland has failed to fulfil its
a preliminary ruling in the proceedings pending before               obligations under the EC Treaty Ð the Court (Fifth
that court between Stefan Demand and Hauptzollamt                    Chamber), composed of: J.-P. Puissochet, President of the
Trier Ð on the validity of the first paragraph of Article 3          Chamber, P. Jann (Rapporteur), J. C. Moitinho de
and Article 4(1) of Council Regulation (EEC) No 3950/92              Almeida, C. Gulmann and M. Wathelet, Judges; S. Alber,
of 28 December 1992 establishing an additional levy in               Advocate-General; D. Louterman-Hubeau, Principal
the milk and milk products sector (OJ L 405, 31.12.1992,             Administrator, for the Registrar, has given a judgment on
p. 1) Ð the Court (Sixth Chamber), composed of: G.                   17 December 1998, in which it:
Hirsch (Rapporteur), President of the Second Chamber,
acting as President of the Sixth Chamber, G. F. Mancini,
H. Ragnemalm, R. Schintgen and K. M. Ioannou, Judges;
D. Ruiz-Jarabo Colomer, Advocate-General; H. A. Rühl,
                                                                     1. Declares that, since Coillte Teoranta failed to have a
Principal Administrator, for the Registrar, has given a
                                                                          notice of tender for a contract for the supply of
judgment on 17 December 1998, in which it has ruled:
                                                                          fertiliser published in the Official Journal of the
                                                                          European Communities, Ireland has failed to fulfil its
Consideration of the general principles of Community law,                 obligations under Council Directive 77/62/EEC of
and in particular the principles of the protection of                     21 December 1976 coordinating procedures for the
legitimate expectations and of the fundamental right to                   award of public supply contracts, as amended by
property, has disclosed no factor of such a kind as to                    Directive 88/295/EEC.
affect the validity of the first paragraph of Article 3 and
Article 4(1) of Council Regulation (EEC) No 3950/92 of
28 December 1992 establishing an additional levy in the
milk and milk products sector in so far as they converted,           2. Orders Ireland to pay the costs.
without compensation, temporary suspension of a
percentage of the additional reference quantity granted in
return for payment into a definitive reduction.
                                                                     (1) OJ C 388, 21.12.1996.
(1) OJ C 210, 20.7.1996.