CELEX: C2002/323/15
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 7 November 2002 In Joined Cases C-260/00 to C-263/00 (Reference for a preliminary ruling from the Hessisches Finanzgericht, Kassel): Lohmann GmbH & Co. KG and Others (Common Customs Tariff — Tariff headings — Classification in the Combined Nomenclature of wrist orthoses, lumbar support belts, elbow supports and knee supports — Note 1(b) to Chapter 90 of the Combined Nomenclature)

C 323/14                 EN                        Official Journal of the European Communities                                         21.12.2002
                  JUDGMENT OF THE COURT                                       2.    The term ‘solely’ in Note 1(b) to Chapter 90 of the Combined
                                                                                    Nomenclature must be interpreted as meaning that the note
                                                                                    does not exclude from that chapter belts and supports of
                           (Fifth Chamber)                                          which characteristics other than their elasticity contribute to a
                                                                                    significant extent to the intended effect on the organ to be
                                                                                    supported or held.
                        of 7 November 2002
                                                                              (1 ) OJ C 258 of 7.10.2000.
In Joined Cases C-260/00 to C-263/00 (Reference for a
preliminary ruling from the Hessisches Finanzgericht,
     Kassel): Lohmann GmbH & Co. KG and Others ( 1)
(Common Customs Tariff — Tariff headings — Classifi-
cation in the Combined Nomenclature of wrist orthoses,
lumbar support belts, elbow supports and knee supports —                                       JUDGMENT OF THE COURT
   Note 1(b) to Chapter 90 of the Combined Nomenclature)
                                                                                                        (Fifth Chamber)
                           (2002/C 323/15)
                                                                                                    of 14 November 2002
                    (Language of the case: German)
                                                                              in Case C-271/00 (Reference for a preliminary ruling
                                                                              from the Hof van Beroep te Antwerpen): Gemeente
(Provisional translation; the definitive translation will be published                           Steenbergen v Luc Baten (1)
                    in the European Court Reports)
                                                                              (Brussels Convention — Scope — Action under a right of
                                                                              recourse under national legislation providing for payment of
                                                                              allowances by way of social assistance — Concept of ‘civil
                                                                                           matters’ — Concept of ‘social security’)
In Joined Cases C-260/00 to C-263/00: Reference to the Court
under Article 234 EC by the Hessisches Finanzgericht, Kassel
(Germany) for a preliminary ruling in the proceedings pending                                           (2002/C 323/16)
before that court between Lohmann GmbH & Co. KG (C-260/
00 to C-262/00), medi Bayreuth Weihermüller & Voigtmann                                           (Language of the case: Dutch)
GmbH & Co. KG (C-263/00) and Oberfinanzdirektion Ko-
blenz, on the interpretation of heading 9021 of the Combined
Nomenclature, contained in Annex I to Council Regulation                      (Provisional translation; the definitive translation will be published
(EEC) No 2658/87 of 23 July 1987 on the tariff and statistical                                   in the European Court Reports)
nomenclature and on the Common Customs Tariff (OJ 1987
L 256, p. 1), as amended by Commission Regulation (EC)
No 1734/96 of 9 September 1996 (OJ 1996 L 238, p. 1), the
Court (Fifth Chamber), composed of: M. Wathelet, President of                 In Case C-271/00: Reference to the Court pursuant to the
the Chamber, C.W.A. Timmermans, D.A.O. Edward (Rapporte-                      Protocol of 3 June 1971 on the interpretation by the Court of
ur), S. von Bahr and A. Rosas, Judges; A. Tizzano, Advocate                   Justice of the Convention of 27 September 1968 on Jurisdic-
General; H.A. Rühl, Principal Administrator, for the Registrar,               tion and the Enforcement of Judgments in Civil and Commer-
has given a judgment on 7 November 2002, in which it has                      cial Matters by the Hof van Beroep te Antwerpen (Belgium),
ruled:                                                                        for a preliminary ruling in the proceedings pending before that
                                                                              court between Gemeente Steenbergen and Luc Baten, on the
                                                                              interpretation of Article 1 of the abovementioned Convention
1.    Tariff heading 9021 of the Combined Nomenclature, contained             of 27 September 1968 (OJ 1978 L 304, p. 36), as amended by
      in Annex I to Council Regulation (EEC) No 2658/87 of                    the Convention of 9 October 1978 on the Accession of the
      23 July 1987 on the tariff and statistical nomenclature and on          Kingdom of Denmark, Ireland and the United Kingdom of
      the Common Customs Tariff, as amended by Commission                     Great Britain and Northern Ireland (OJ 1978 L 304, p. 1 and
      Regulation (EC) No 1734/96 of 9 September 1996, must be                 — amended version — p. 77) and by the Convention of
      interpreted as meaning that products such as wrist orthoses,            25 October 1982 on the Accession of the Hellenic Republic
      lumbar support belts, elbow supports and knee supports fall             (OJ 1982 L 388, p. 1), the Court (Fifth Chamber), composed
      within that heading if they display characteristics which               of: C. W. A. Timmermans, President of the Fourth Chamber,
      distinguish them, in particular by the materials of which they          acting as President of the Fifth Chamber, D. A. O. Edward,
      are made, their method of operation or their adjustability to the       A. La Pergola, P. Jann (Rapporteur) and S. von Bahr, Judges;
      patient’s specific handicaps, from ordinary belts and supports          A. Tizzano, Advocate General; L. Hewlett, Principal Adminis-
      for general use. It is for the referring court to ascertain whether     trator, for the Registrar, has given a judgment on 14 November
      that is the case in the main proceedings.                               2002, in which it has ruled: