CELEX: C1999/048/04
Language: en
Date: 1999-02-20 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 10 December 1998 in Case C-290/97 (reference for a preliminary ruling from the Bundesfinanzhof): Georg Bruner, trading as 'Georg Bruner' v. Hauptzollamt Hamburg-Jonas (Export refunds - Nomenclature of agricultural products)

C 48/2               EN                   Official Journal of the European Communities                                    20.2.1999
Zuchtschweine Epe GbR, a partnership governed by                     Ruiz-Jarabo Colomer, Advocate-General; L. Hewlett,
German law, established in Neuenkirchen (Germany),                   Administrator, for the Registrar, has given a judgment on
represented by Gerd Rentzmann and Rudolf Brenken,                    10 December 1998, in which it has ruled:
Rechtsanwälte, Quakenbrück, with an address for service
in Luxembourg at the Chambers of Michel Molitor, Pierre
                                                                     1. In the case of a former frontier worker and recipient
Feltgen and AndreÂ Harpes, 14A Rue des Bains Ð appeal
                                                                          of invalidity benefits who lives in a Member State
against the judgment of the Court of First Instance of the
                                                                          other than that of the institution responsible for
European Communities (Fifth Chamber) of 15 April 1997
                                                                          payment, and whose place of residence is nearer to the
in Case T-390/94 Schröder and Others v. Commission
                                                                          institution of the competent Member State than to the
[1997] ECR II-501, seeking to have that judgment set
                                                                          institution of the State of residence, Article 51(1) of
aside, the other party to the proceedings being:
                                                                          Regulation (EEC) No 574/72 of the Council of
Commission of the European Communities (Agent:
                                                                          21 March 1972 fixing the procedure for implementing
Claudia Schmidt, assisted by Bertrand Wägenbaur) Ð the
                                                                          Regulation (EEC) No 1408/71 on the application of
Court (Fifth Chamber), composed of: P. Jann
                                                                          social security schemes to employed persons and their
(Rapporteur), President of the First Chamber, acting as
                                                                          families moving within the Community, as amended
President of the Fifth Chamber, C. Gulmann, D. A. O.
                                                                          and updated by Regulation (EEC) No 2001/83
Edward, L. Sevón and M. Wathelet, Judges; D.
                                                                          precludes the competent institution from carrying out
Ruiz-Jarabo Colomer, Advocate-General; R. Grass,
                                                                          the administrative checks and medical examination of
Registrar, has given a judgment on 10 December 1998, in
                                                                          that worker without requesting a prior examination by
which it:
                                                                          the institution of his place of residence. However, the
                                                                          provision does not preclude the worker from waiving
1. Dismisses the appeal.                                                  the right to undergo the prior examination by the
                                                                          institution of his place of residence, provided that his
2. Orders the appellants to pay the costs.                                waiver is freely made and unambiguous.
(1) OJ C 252, 16.8.1997.                                             2. In the case of a first assessment of invalidity benefit
                                                                          granted to a person who is resident in a Member State
                                                                          other than that of the competent institution, Article 40
                                                                          of the Regulation does not preclude the competent
                                                                          institution from determining the degree of invalidity
                                                                          on the basis of its own medical examination without
              JUDGMENT OF THE COURT                                       requesting a prior examination by the institution of
                      (Third Chamber)                                     the place of residence. However, the competent
                                                                          institution must take account of any documents,
                    of 10 December 1998                                   medical reports and administrative information from
in Case C-279/97 (reference for a preliminary ruling from                 the institution in the Member State in which the
the Centrale Raad van Beroep): Bestuur van het Landelijk                  worker resides.
Instituut Sociale Verzekeringen v. C. J. M. Voeten and
                          J. Beckers (1)                             (1) OJ C 271, 6.9.1997.
(Social security Ð Frontier workers Ð Invalidity Ð
                    Medical examination)
                        (1999/C 48/03)
                (Language of the case: Dutch)
                                                                                    JUDGMENT OF THE COURT
                                                                                            (Third Chamber)
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)                                         of 10 December 1998
                                                                     in Case C-290/97 (reference for a preliminary ruling from
In Case C-279/97: reference to the Court under Article 177           the Bundesfinanzhof): Georg Bruner, trading as Georg
of the EC Treaty from the Centrale Raad van Beroep                             Bruner' v. Hauptzollamt Hamburg-Jonas (1)
(Netherlands) for a preliminary ruling in the proceedings
pending before that court between Bestuur van het                    (Export refunds Ð Nomenclature of agricultural products)
Landelijk Instituut Sociale Verzekeringen and C. J. M.                                       (1999/C 48/04)
Voeten, J. Beckers Ð on the interpretation of Articles 40
and 51 of Regulation (EEC) No 574/72 of the Council of
21 March 1972 fixing the procedure for implementing                                  (Language of the case: German)
Regulation (EEC) No 1408/71 on the application of social
security schemes to employed persons and their families
                                                                       (Provisional translation; the definitive translation will be
moving within the Community, as amended and updated
                                                                               published in the European Court Reports)
by Regulation (EEC) No 2001/83 (OJ L 230, 22.8.1984,
p. 86) Ð the Court (Third Chamber), composed of: J.-P.
Puissochet, President of the Chamber, J. C. Moitinho de              In Case C-290/97: reference to the Court under Article 177
Almeida (Rapporteur) and C. Gulmann, Judges; D.                      of the EC Treaty from the Bundesfinanzhof (Germany) for
 ---pagebreak--- 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