CELEX: C2002/084/42
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Fifth Chamber) 22 January 2002 in Case C-218/00 (Reference for a preliminary ruling from the Tribunale di Vicenza): Cisal di Battistello Venanzio & C. Sas v Istituto nazionale per l'assicurazione contro gli infortuni sul lavoro (INAIL) (Articles 85, 86 and 90 of the EC Treaty (now Articles 81 EC, 82 EC and 86 EC) — Compulsory affiliation to a body providing insurance against accidents at work — Whether such a body is to be treated as an undertaking)

C 84/26                  EN                       Official Journal of the European Communities                                           6.4.2002
1.    The Commission of the European Communities was competent,              the application brought before that court by Lutz GmbH and
      under Article 149(1) of the Act concerning the conditions of           others on the validity of Article 2(1)(f) of First Council Directive
      accession of the Republic of Austria, the Republic of Finland          68/151/EEC of 9 March 1968 on co-ordination of safeguards
      and the Kingdom of Sweden and the adjustments to the Treaties          which, for the protection of the interests of members and
      on which the European Union is founded, to adopt the measures          others, are required by Member States of companies within the
      provided for in Article 4 of Commission Regulation (EC)                meaning of the second paragraph of Article 58 of the Treaty,
      No 3108/94 of 19 December 1994 on transitional measures                with a view to making such safeguards equivalent throughout
      to be adopted on account of the accession of Austria, Finland          the Community (OJ, English Special Edition 1968 (I), p. 41)
      and Sweden in respect of trade in agricultural products.               and Article 47 of Fourth Council Directive 78/660/EEC of
                                                                             25 July 1978 based on Article 54(3)(g) of the Treaty on the
2.    Examination of the second question has disclosed no factor of          annual accounts of certain types of companies (OJ 1978 L 222,
      such a kind as to affect the validity of Article 4 of Regulation       p. 11),the Court (First Chamber), composed of: P. Jann,
      No 3108/94 in the light of the principle of proportionality            President of the Chamber, L. Sevón and M. Wathelet (Rappor-
      and the principle of the protection of legitimate expectations.        teur), Judges, Advocate General: L.A. Geelhoed, Registrar:
                                                                             H.A. Rühl, Principal Administrator, has given a judgment on
3.    The term ‘holder’ of surplus stock, within the meaning of              15 January 2002, in which it has ruled:
      Article 4 of Regulation No 3108/94, refers to a person who
      has authority to place the stored products on the market and
      thereby realise a profit.                                              The Court of Justice of the European Communities has no jurisdiction
                                                                             to answer the questions submitted by the Landesgericht Wels in its
4.    Article 4(3) of Regulation No 3108/94 must be interpreted as           decision of 9 May 2000.
      meaning that, in the case of imports of Tunisian olive oil, the
      ‘import charge’ applicable in the Community of Twelve on
      31 December 1994 is the one provided for in Annex I to                 (1) OJ C 233 of 12.8.2000.
      Commission Regulation (EC) No 3307/94 of 29 December
      1994 fixing the minimum levies on the importation of olive oil
      and levies on the importation of other olive oil sector products.
5.    Examination of the fifth question has disclosed no factor of
      such a kind as to affect the validity of Article 4(3) of Regulation
      No 3108/94 in the light of the principle of equal treatment.
                                                                                              JUDGMENT OF THE COURT
(1) OJ C 211 of 22.7.2000.
                                                                                                       (Fifth Chamber)
                                                                                                       22 January 2002
                  JUDGMENT OF THE COURT
                                                                             in Case C-218/00 (Reference for a preliminary ruling from
                                                                             the Tribunale di Vicenza): Cisal di Battistello Venanzio &
                           (First Chamber)                                   C. Sas v Istituto nazionale per l’assicurazione contro gli
                                                                                             infortuni sul lavoro (INAIL)(1)
                          15 January 2002
                                                                             (Articles 85, 86 and 90 of the EC Treaty (now Articles 81
in Case C-182/00 (Reference for a preliminary ruling from                    EC, 82 EC and 86 EC) — Compulsory affiliation to a body
    the Landesgericht Wels): Lutz GmbH and Others (1)                        providing insurance against accidents at work — Whether
                                                                                     such a body is to be treated as an undertaking)
(Reference for a preliminary ruling — Disclosure of annual
accounts and annual report — Maintenance of a register of
        companies — Lack of jurisdiction of the Court)                                                  (2002/C 84/42)
                            (2002/C 84/41)                                                       (Language of the case: Italian)
                    (Language of the case: German)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                             In Case C-218/00: Reference to the Court under Article 234
In Case C-182/00: reference to the Court under Article 234 EC                EC by the Tribunale di Vicenza (Italy) for a preliminary ruling
by the Landesgericht Wels (Austria) for a preliminary ruling in              in the proceedings pending before that court between Cisal di
 ---pagebreak--- 6.4.2002                 EN                     Official Journal of the European Communities                                             C 84/27
Battistello Venanzio & C. Sas and Istituto nazionale per                   L 256, p. 1), as amended by Commission Regulation (EC)
l’assicurazione contro gli infortuni sul lavoro (INAIL), on the            No 1734/96 of 9 September 1996 (OJ 1996 L 238, p. 1), the
interpretation of Articles 85, 86 and 90 of the EC Treaty (now             Court (Fourth Chamber), composed of: D.A.O. Edward, acting
Articles 81 EC, 82 EC and 86 EC),the Court (Fifth Chamber),                for the President of the Chamber, A. La Pergola and
composed of: S. von Bahr, President of the Fourth Chamber,                 C.W.A. Timmermans (Rapporteur), Judges, Advocate General:
acting for the President of the Fifth Chamber, D.A.O. Edward,              J. Mischo, Registrar: R. Grass, has given a judgment on
A. La Pergola, M. Wathelet (Rapporteur) and C.W.A. Timmer-                 7 February 2002, in which it has ruled:
mans, Judges, Advocate General: F.G. Jacobs, Registrar: H. von
Holstein, Deputy Registrar, has given a judgment on 22 January
2002, in which it has ruled:                                               Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987
                                                                           on the tariff and statistical nomenclature and on the Common
                                                                           Customs Tariff, as amended by Commission Regulation (EC)
The concept of an undertaking, within the meaning of Articles 85           No 1734/96 of 9 September 1996, must be interpreted as meaning
and 86 of the EC Treaty (now Articles 81 EC and 82 EC), does not           that an ink-cartridge without integrated print head, consisting of
cover a body which is entrusted by law with the management of a            plastic casing, foam, a metal screen, seals, tape seal, labels, ink and
scheme providing insurance against accidents at work and occu-             packing material, which, as regards both the cartridge and the ink,
pational diseases, such as the Istituto nazionale per l’assicurazione      can only be used in a printer with the same characteristics as ink-jet
contro gli infortuni sul lavori (INAIL).                                   Epson Stylus Colour printers, is to be classified under sub-heading
                                                                           No 3215 90 80 of the Combined Nomenclature.
(1) OJ C 233 of 12.8.2000.
                                                                           (1) OJ C 259 of 9.9.2000.
                  JUDGMENT OF THE COURT
                          (Fourth Chamber)
                                                                                             JUDGMENT OF THE COURT
                           7 February 2002
                                                                                                    (Second Chamber)
in Case C-276/00 (Reference for a preliminary ruling from
the Hessisches Finanzgericht, Kassel): Turbon Inter-
     national GmbH v Oberfinanzdirektion Koblenz (1)                                                 7 February 2002
(Common customs tariff — Tariff headings — Classification                  in Case C-328/00 (Reference for a preliminary ruling from
in the Combined Nomenclature of ink-cartridges compatible                  the Bayerisches Verwaltungsgericht Regensburg): Maria
with Epson Stylus Colour printers — Inks (heading 3215)                           Weber and Martin Weber v Freistaat Bayern (1)
— Parts and accessories of machines under heading 8471
                           (heading 8473))
                                                                           (Common agricultural policy — Support system for oil-seeds
                            (2002/C 84/43)                                           — Validity of Regulation (EEC) No 525/93)
                   (Language of the case: German)                                                     (2002/C 84/44)
(Provisional translation; the definitive translation will be published                        (Language of the case: German)
                    in the European Court Reports)
                                                                           (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
In Case C-276/00: Reference to the Court under Article 177
of the EC Treaty (now Article 234 EC) from the Hessisches
Finanzgericht, Kassel (Germany), for a preliminary ruling in
the proceedings pending before that court between Turbon
International GmbH, acting in its capacity as successor to                 In Case C-328/00: Reference to the Court under Article 234
Kores Nordic Deutschland GmbH, and Oberfinanzdirektion                     EC by the Bayerisches Verwaltungsgericht Regensburg (Germ-
Koblenz, on the interpretation of headings 3215 and 8473 of                any) for a preliminary ruling in the proceedings pending before
the Combined Nomenclature in Annex I to Council Regulation                 that court between Maria Weber, Martin Weber and Freistaat
(EEC) No 2658/87 of 23 July 1987 on the tariff and statistical             Bayern, on the validity of Commission Regulation (EEC)
nomenclature and on the Common Customs Tariff (OJ 1987                     No 525/93 of 8 March 1993 establishing the value of the final