CELEX: C2002/109/17
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court (Sixth Chamber) 7 February 2002 in Case C-279/00: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Freedom to supply services — Free movement of capital — Business of providing temporary labour)

4.5.2002                EN                      Official Journal of the European Communities                                             C 109/11
2.    Article 69(1)(a) of Regulation No 1408/71, as amended and            On a proper construction of Annex I to Council Regulation (EEC)
      updated by Regulation No 118/97, must be construed as                No 2658/87 of 23 July 1987 on the tariff and statistical
      meaning that, in order to retain entitlement to unemployment         nomenclature and on the Common Customs Tariff, as amended by
      benefits as provided for therein, a person seeking work must         Regulation (EC) No 2086/97 of 4 November 1997, immunoglobul-
      have remained available to the employment services of the            in concentrates from dried, defatted and decaseinated colostrum,
      competent State for a total of at least four weeks after the         standardised by means of lactose, are to be classified as pharmaceutical
      commencement of unemployment, regardless of whether that             products in Chapter 30 of the Combined Nomenclature.
      period was continuous or not.
                                                                           (1) OJ C 247 of 26.8.2000.
(1) OJ C 211 of 22.7.2000.
                 JUDGMENT OF THE COURT
                                                                                             JUDGMENT OF THE COURT
                        (Fourth Chamber)
                                                                                                      (Sixth Chamber)
                           7 March 2002
                                                                                                      7 February 2002
in Case C-259/00 (Reference for a preliminary ruling
from the Finanzgericht München): Biochem Zusatzstoffe                      in Case C-279/00: Commission of the European Communi-
Handels- und Produktions GmbH v Oberfinanzdirektion                                              ties v Italian Republic (1)
                            Nürnberg (1)
(Common Customs Tariff — Tariff headings — Tariff                          (Failure by a Member State to fulfil its obligations —
classification of immunoglobulin concentrates from col-                    Freedom to supply services — Free movement of capital —
  ostrum — Classification in the Combined Nomenclature)                               Business of providing temporary labour)
                          (2002/C 109/16)                                                             (2002/C 109/17)
                   (Language of the case: German)                                               (Language of the case: Italian)
(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-259/00: Reference to the Court under Article 234
EC by the Finanzgericht München (Germany) for a preliminary                In Case C-279/00, Commission of the European Communities
ruling in the proceedings pending before that court between                (Agents: E. Traversa and M. Patakia) v Italian Republic (Agent:
Biochem Zusatzstoffe Handels- und Produktions GmbH and                     U. Leanza, assisted by D. Del Gaizo): Application for a
Oberfinanzdirektion Nürnberg, on the interpretation of Chap-               declaration that, by requiring undertakings engaged in the
ter 30 of the Combined Nomenclature, set out in Annex I to                 provision of temporary labour which are established in other
Council Regulation (EEC) No 2658/87 of 23 July 1987 on the                 Member States to maintain their registered office or a branch
tariff and statistical nomenclature and on the Common                      office on Italian territory, and to lodge a guarantee of ITL
Customs Tariff (OJ 1987 L 256, p. 1), as amended by                        700 million with a credit institution having its registered office
Commission Regulation (EC) No 2086/97 of 4 November                        or a branch office on Italian territory, the Italian Republic has
1997 (OJ 1997 L 312, p. 1), the Court (Fourth Chamber),                    failed to fulfil its obligations under Articles 49 EC and 56 EC,
composed of: D.A.O. Edward (Rapporteur), acting for the                    the Court (Sixth Chamber), composed of: F. Macken, President
President of the Fourth Chamber, A. La Pergola and                         of the Chamber, C. Gulmann, R. Schintgen (Rapporteur),
C.W.A. Timmermans, Judges; C. Stix-Hackl, Advocate General;                V. Skouris, J.N. Cunha Rodrigues, Judges; S. Alber, Advocate
R. Grass, Registrar, has given a judgment on 7 March 2002, in              General; R. Grass, Registrar, has given a judgment on 7 Febru-
which it has ruled:                                                        ary 2002, in which it:
 ---pagebreak--- C 109/12                   EN                      Official Journal of the European Communities                                               4.5.2002
1.    Declares that, by requiring undertakings engaged in the                 1.    Declares that, by maintaining in force a tax applicable to
      provision of temporary labour which are established in other                  passengers embarking and disembarking in the ports of Genoa,
      Member States to maintain their registered office or a branch                 Naples and Trieste (Italy) when arriving from or travelling to
      office on Italian territory, and so lodge a guarantee of ITL                  ports in another Member State or a third country, but not in
      700 million with a credit institution having its registered office            the case of carriage between two ports located on Italian
      or a branch office on Italian territory, the Italian Republic has             territory, the Italian Republic has failed to fulfil its obligations
      failed to fulfil its obligations under Articles 49 EC and 56 EC.              under Article 1 of Council Regulation (EEC) No 4055/86 of
                                                                                    22 December 1986 applying the principle of freedom to
2.    Orders the Italian Republic to pay the costs.                                 provide services to maritime transport between Member States
                                                                                    and between Member States and third countries;
(1) OJ C 259 of 9.9.2000.
                                                                              2.    Orders the Italian Republic to pay the costs.
                                                                              (1) OJ C 285 of 7.10.2000.
                  JUDGMENT OF THE COURT
                            (Third Chamber)
                            19 February 2002
                                                                                                 JUDGMENT OF THE COURT
in Case C-295/00: Commission of the European Communi-
                       ties v Italian Republic (1)
                                                                                                          (Fifth Chamber)
(Failure by a Member State to fulfil its obligations —
Infringement of Article 1 of Regulation (EEC) No 4055/86
— Disembarkation/embarkation tax payable by passengers                                                   27 February 2002
— Tax not applicable to passengers travelling between ports
                           on Italian territory)
                                                                              in Case C-302/00: Commission of the European Communi-
                                                                                                     ties v French Republic (1)
                             (2002/C 109/18)
                      (Language of the case: Italian)                         (Failure by a Member State to fulfil its obligations —
                                                                              Directives 95/59/EC and 92/79/EEC — Article 95 of the EC
                                                                              Treaty (now, after amendment, Article 90 EC) — Taxes
(Provisional translation; the definitive translation will be published
                                                                              affecting the consumption of manufactured tobaccos —
                     in the European Court Reports)
                                                                              Minimum reference price for all cigarettes of the same brand
                                                                              — Different rates of tax on dark-tobacco and light-tobacco
                                                                                                              cigarettes)
In Case C-295/00, Commission of the European Communities
(agents: E. Traversa and B. Mongin) v Italian Republic (agent:
U. Leanza, assisted by G. De Bellis): Application for a                                                   (2002/C 109/19)
declaration that, by maintaining in force a tax applicable to
passengers embarking and disembarking in the ports of Genoa,
Naples and Trieste (Italy) when arriving from or travelling to                                      (Language of the case: French)
ports in another Member State or a third country, but not in
the case of carriage between two ports located on Italian
territory, the Italian Republic has failed to fulfil its obligations          (Provisional translation; the definitive translation will be published
under Article 1 of Council Regulation (EEC) No 4055/86 of                                          in the European Court Reports)
22 December 1986 applying the principle of freedom to
provide services to maritime transport between Member States
and between Member States and third countries (OJ 1986
L 378, p. 1), the Court (Third Chamber), composed of:
F. Macken, President of the Chamber, C. Gulmann and                           In Case C-302/00, Commission of the European Communities
J.-P. Puissochet (Rapporteur), Judges; S. Alber, Advocate Gen-                (Agents: E. Traversa and C. Giolito) v French Republic (Agents:
eral; R. Grass, Registrar, has given a judgment on 19 February                G. de Bergues and S. Seam): for a declaration that by
2002, in which it:                                                            maintaining in force: