CELEX: C2001/200/33
Language: en
Date: 2001-07-14 00:00:00
Title: Judgment of the Court (Second Chamber) of 17 May 2001 in Case C-119/99 (reference for a preliminary ruling from the Tribunal d'instance du VIIe arrondissement de Paris): Hewlett Packard BV v Directeur Général des Douanes et Droits Indirects (Common Customs Tariff — Combined nomenclature — Classification of a multi-function machine combining the functions of printer, photocopier, facsimile machine and computer scanner — Principal function — Validity of Regulation (EC) No 2184/97)

14.7.2001                 EN                     Official Journal of the European Communities                                           C 200/19
                   JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                          (Second Chamber)                                                             (Sixth Chamber)
                            of 17 May 2001
                                                                                                        of 17 May 2001
in Case C-119/99 (reference for a preliminary ruling from
the Tribunal d’instance du VIIe arrondissement de Paris):                   in Case C-159/99: Commission of the European Communi-
Hewlett Packard BV v Directeur Général des Douanes et                                             ties v Italian Republic (1)
                          Droits Indirects (1)
(Common Customs Tariff — Combined nomenclature —                            (Failure by a Member State to fulfil its obligations —
Classification of a multi-function machine combining the                    Directive 79/409/EEC — Conservation of wild birds —
functions of printer, photocopier, facsimile machine and                                                 Admissibility)
computer scanner — Principal function — Validity of
                    Regulation (EC) No 2184/97)
                                                                                                       (2001/C 200/34)
                            (2001/C 200/33)
                                                                                                 (Language of the case: Italian)
                      (Language of the case: French)
                                                                            (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                          in the European Court Reports)
                     in the European Court Reports)
                                                                            In Case C-159/99: Commission of the European Communities
In Case C-119/99: reference to the Court under Article 177 of               (Agent: P. Stancanelli) v Italian Republic (Agents: U. Leanza,
the EC Treaty (now Article 234 EC) from the Tribunal                        assisted by P.G. Ferri and M. Fiorilli) — application for a
d’instance (District Court) du VIIe arrondissement de Paris                 declaration that:
(France) for a preliminary ruling in the proceedings pending
before that court between Hewlett Packard BV and Directeur                  —      by laying down rules permitting the capture and keeping
Général des Douanes et Droits Indirects — on the interpret-                        of three species (Passer italiae, Passer montanus and
ation of point 3 of the Annex to Commission Regulation (EC)                        Sturnus vulgaris), contrary to Articles 5 and 7 of Council
No 2184/97 of 3 November 1997 concerning the classification                        Directive 79/409/EEC of 2 April 1979 on the conser-
of certain goods in the combined nomenclature (OJ 1997                             vation of wild birds (OJ 1979 L 103, p. 1) and Annex II
L 299, p. 6) — the Court (Second Chamber), composed of:                            thereto, and by providing that those rules are to apply by
V. Skouris, President of the Chamber, R. Schintgen and                             way of a general and permanent derogation, which is
N. Colneric (Rapporteur), Judges; J. Mischo, Advocate General;                     contrary to Article 9 of that Directive and engenders an
H. von Holstein, Deputy Registrar, has given a judgment on                         unacceptable degree of legal uncertainty; and
17 May 2001, in which it has ruled:
                                                                            —      by laying down rules concerning the conditions and
                                                                                   detailed rules for the application of the derogation from
Consideration of the question referred has disclosed nothing that                  the prohibitions laid down by Directive 79/409 which do
would affect the validity of point 3 of the Annex to Commission                    not fully comply with the requirements under Article 9
Regulation (EC) No 2184/97 of 3 November 1997 concerning the                       thereof, in particular as regards the reasons for dero-
classification of certain goods in the combined nomenclature.                      gation, listed in Article 9(1)(a) and (b),
                                                                            the Italian Republic has failed to fulfil its obligations under
( 1) OJ C 188 of 3.7.1999.                                                  Community law — the Court (Sixth Chamber), composed of:
                                                                            C. Gulmann (Rapporteur), President of the Chamber, V. Skour-
                                                                            is, J.-P. Puissochet, R. Schintgen and F. Macken, Judges; P. Léger,
                                                                            Advocate General; D. Louterman-Hubeau, Head of Division,
                                                                            for the Registrar, has given a judgment on 17 May 2001, in
                                                                            which it: