CELEX: C1997/252/10
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 17 June 1997 in Case C-164/95 (reference for a preliminary ruling made by the Supremo Tribunal Administrativo): Fábrica de Queijo Eru Portuguesa Ldª v. Alfândega de Lisboa (Tribunal Técnico Aduaneiro de 2ª Instância) (Common Customs Tariff - Tariff classification - Grated cheese)

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