CELEX: C1997/252/11
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 17 June 1997 in Case C-105/96 (reference for a preliminary ruling made by the Supremo Tribunal Administrativo): Codiesel - Sociedade de Apoio Técnico à Indústria Ldª v. Conselho Técnico Aduaneiro; also represented: Ministério Público (Common Customs Tariff - Tariff headings - Electrical apparatus constituting an uninterruptible power supply - Classification in the nomenclature of the Common Customs Tariff)

No C 252/6            EN                   Official Journal of the European Communities                                     16 . 8 . 97
     social welfare system by concluding contracts which              (EEC) No 2658/87, must be interpreted as including
     entitle them to be reimbursed by the public authorities          grated cheese which, when imported, is, by reason of the
     for the costs of providing social welfare services of a          method of packaging and preservation used, in an
     health-care nature.                                              agglomerated form and, after unpacking and exposure to
                                                                      the surrounding air, breaks down into irregular granules.
O OJ No C 159 , 24 . 6 . 1995 .
                                                                      H OJ No C 189, 22 . 7. 1995 .
                JUDGMENT OF THE COURT
                       ( Fourth Chamber)                                            JUDGMENT OF THE COURT
                         of 17 June 1997                                                     (First Chamber)
in Case C-164/95 (reference for a preliminary ruling made                                    of 17 June 1997
by the Supremo Tribunal Administrativo ): Fábrica de                  in Case C-105/96 (reference for a preliminary ruling made
Queijo Eru Portuguesa Ld® v. Alfândega de Lisboa                      by the Supremo Tribunal Administrativo): Codiesel —
       (Tribunal Técnico Aduaneiro de 23. Instância) (')              Sociedade de Apoio Técnico à Indústria Ld? v. Conselho
(Common Customs Tariff — Tariff classification —                      Técnico Aduaneiro; also represented: Ministério
                          Grated cheese)                                                         Público H
                          ( 97/C 252/ 10 )                            (Common Customs Tariff — Tariff headings — Electrical
                                                                      apparatus constituting an 'uninterruptible power supply'
                                                                      — Classification in the nomenclature of the Common
               (Language of the case: Portuguese)                                             Customs Tariff)
                                                                                              ( 97/C 252/ 11 )
  (Provisional translation; the definitive translation will be
           published in the European Court Reports)                                (Language of the case: Portuguese)
In Case C- 164/95 : reference to the Court under Article 177
of the EC Treaty by the Supremo Tribunal Administrativo                 (Provisional translation; the definitive translation will be
( Supreme Administrative Court) for a preliminary ruling                       published in the European Court Reports)
in the proceedings pending before that court between
Fabrica de Queijo Eru Portuguesa Ld? and Alfandega de
Lisboa ( Tribunal Tecnico Aduaneiro de 2*. Instancia )                In Case C-105/96 : reference to the Court under Article 177
( Lisbon Customs Authority ( Specialized Customs Court of             of the EC Treaty by the Supremo Tribunal Administrativo
Second Instance )) — on the interpretation of subheadings             ( Supreme Administrative Court) for a preliminary ruling
0406 20 90 and 0406 90 11 of Council Regulation ( EEC )               in the proceedings pending before that court between
No 2658/87 of 23 July 1987 on the tariff and statistical              Codiesel — Sociedade de Apoio Tecnico a Industria Ld?
nomenclature and on the Common Customs Tariff ( OJ No                 and Conselho Tecnico Aduaneiro ( Customs Examination
L 256 , 7. 9 . 1987, p. 1 ), as amended by Commission                 Board ); also represented: Ministerio Publico — on the
Regulation ( EEC ) No 3174/88 of 21 September 1988                    interpretation of Council Regulation (EEC ) No 950/68 of
amending Annex I to Regulation ( EEC ) No 2658/87 ( OJ                28 June 1968 on the Common Customs Tariff ( OJ,
No L 298 , 31 . 10 . 1988 , p. 1 ) and by Commission                  English Special Edition 1968 ( I ), p. 275 ), as amended by
Regulation ( EEC ) No 316/91 of 7 February 1991                       Council Regulation ( EEC ) No 3331 /85 of 5 December
concerning the classification of certain goods in the                  1985 ( OJ No L 331 , 9 . 12 . 1985 , p. 1 ) — the Court ( First
combined nomenclature ( OJ No L 37, 9 . 2 . 1991 , p. 25 )            Chamber ), composed of: L. Sevon, President of the
— the Court ( Fourth Chamber ), composed of: J. L.                    Chamber, D. A. O. Edward ( Rapporteur) and P. Jann,
Murray, President of the Chamber, P. J. G. Kapteyn and                Judges; N. Fennelly, Advocate-General; R. Grass,
H. Ragnemalm ( Rapporteur), Judges; G. Cosmas,                        Registrar, has given a judgment on 17 June 1997, the
Advocate-General : H. von Holstein, Deputy Registrar, for             operative part of which is as follows:
the Registrar, has given a judgment on 17 June 1997, the
operative part of which is as follows:
                                                                       Council Regulation (EEC) No 950/68 of 28 June 1968 on
                                                                       the Common Customs Tariff, as amended by Council
Subheading 0406 20 90 of Council Regulation (EEC)                      Regulation (EEC) No 3331 /85 of 5 December 1985, must
No 2658/87 of 23 July 1987 on the tariff and statistical               be interpreted as meaning that an electrical apparatus
nomenclature and on the Common Customs Tariff, as                      which is an 'uninterruptible power supply ' consisting, on
amended by Commission Regulation (EEC) No 3174/88                      the one hand, of a cabinet containing a rectifier/charger,
 of 21 September 1988 amending Annex I to Regulation                  an inverter and a static bypass switch and, on the other, of
 ---pagebreak--- 16 . 8 . 97             EN                 Official Journal of the European Communities                                  No C 252/7
a cabinet housing a sealed lead-acid accumulator battery                            JUDGMENT OF THE COURT
must be classified under tariff subheading 85. 01 . B. II as                                 ( Sixth Chamber)
'transformers, static converters, rectifiers and rectifying
apparatus '.                                                                                 of 25 June 1997
                                                                      in Joined Cases C-304/94, C-330/94 , C-342/94 and
(' OJ No C 158 , 1 . 6 . 1996 .                                       C-224/95 ( reference for a preliminary ruling from the
                                                                      Pretura Circondariale di Terni and di Pescara ): criminal
                                                                      proceedings against Euro Tombesi and Adino Tombesi,
                                                                      Roberto Santella, Giovanni Muzi and Others and Anselmo
                                                                                                  Savini ( 1 )
                                                                      (Waste — Definition — Council Directives 91/156/EEC
                                                                             and 91/689/EEC — Council Regulation (EEC)
               JUDGMENT OF THE COURT                                                             No 259/93)
                         ( Sixth Chamber)                                                      ( 97/C 252/ 13 )
                         of 25 June 1997
                                                                                      (Language of the case: Italian)
in Case C-285/94: Italian Republic v. Commission of the
                   European Communities (')
(Commission Regulation (EC) No 1840/94 of 27 July                       (Provisional translation; the definitive translation will be
1994 fixing the olive yields and oil yields for the                            published in the European Court Reports)
      marketing year 1993/94 — Action for annulment)
                           ( 97/C 252/ 12                             In Joined Cases C-304/94, C-330/94, C-342/94 and
                                                                      C-224/95 : references to the Court under Article 177 of the
                                                                      EC Treaty from the Pretura Circondariale di Terni ( C-304/
                 (Language of the case: Italian)                      94,    C-330/94     and      C-342/94 )   and    the   Pretura
                                                                      Circondariale di Pescara ( C-224/95 ) ( Italy) for a
                                                                      preliminary ruling in the criminal proceedings pending
                                                                      before those courts against Euro Tombesi and Adino
                                                                      Tombesi ( C-304/94 ), Roberto Santella ( C-330/94 ),
   (Provisional translation; the definitive translation will be       Giovanni Muzi and Others ( C-342/94 ) and Anselmo
          published in the European Court Reports)                    Savini ( C-224/95 ) — on the interpretation of Council
                                                                      Directive 91 /156/EEC of 18 March 1991 , amending
                                                                      Directive 75/442/EC on waste ( OJ No L 78 , 26 . 3 . 1991 ,
In Case C-285/94: Italian Republic ( Agent: Professor                 p. 32 ), of Council Directive 91 /689/EEC of 12 December
                                                                      1991 on hazardous waste ( OJ No L 377, 31 . 12 . 1991 ,
Umberto Leanza, assisted by Pier Giorgio Ferri, Avvocato
dello Stato ) v. Commission of the European Communities               p. 20 ), and of Council Regulation ( EEC ) No 259/93 of
(Agent: Eugenio de March, assisted by Alexandre                       1 February 1993 on the supervision and control of
Carnelutti ) — application for the annulment of                       shipments on waste within, into and out of the European
Commission Regulation ( EC ) No 1840/94 of 27 July 1994               Community ( OJ No L 30, 6 . 2 . 1993 , p. 1 ) — the Court
fixing the olive yields and oil yields for the marketing year         ( Sixth Chamber), composed of: G. F. Mancini, President
1993/94 ( OJ No L 193 , 28 . 7. 1994, p. 1 ) — the Court              of the Chamber, P. J. G. Kapteyn and H. Ragnemalm
( Sixth Chamber), composed of: G. F. Mancini, President               ( Rapporteur ), Judges; F. G. Jacobs, Advocate-General ; L.
of the Chamber, J. L. Murray and G. Hirsch ( Rapporteur),             Hewlett, Administrator, for the Registrar, has given a
Judges; D. Ruiz-Jarabo Colomer, Advocate-General; D.                  judgment on 25 June 1997, in which it has ruled:
Louterman-Hubeau, Principal Administrator, for the
Registrar, has given a judgment on 25 June 1997, in which
it :                                                                  The concept of 'waste ' in Article 1 of Council Directive
                                                                       75/442/EEC of 15 July 1975 on waste, as amended by
                                                                       Council Directive 91 /156/EEC of 18 March 1991 , referred
                                                                      to in Article 1 (3) of Council Directive 91 /689/EEC of
 1 . dismisses the application;                                        12 December 1991 on hazardous waste and Article 2 (a)
                                                                      of Council Regulation (EEC) No 259/93 of 1 February
                                                                       1993 on the supervision and control of shipments of waste
                                                                      within, into and out of the European Community, is not
2 . orders the Italian Republic to pay the costs.                     to be understood as excluding substances and objects
                                                                      which are capable of economic reutilization, even if the
(') OJ No C 370, 24 . 12 . 1994 .
                                                                      materials in question may be the subject of a transaction
                                                                      or quoted on public or private commercial lists. In
                                                                      particular, a deactivation process intended merely to
                                                                      render waste harmless, landfill tipping in hollows or
                                                                       embankments and waste incineration constitute disposal