CELEX: C2002/084/44
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Second Chamber) 7 February 2002 in Case C-328/00 (Reference for a preliminary ruling from the Bayerisches Verwaltungsgericht Regensburg): Maria Weber and Martin Weber v Freistaat Bayern (Common agricultural policy — Support system for oil-seeds — Validity of Regulation (EEC) No 525/93)

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
 ---pagebreak--- C 84/28                 EN                      Official Journal of the European Communities                                               6.4.2002
regional reference amounts for producers of soya beans, rape               obligations under the said directives — the Court (First
seed, colza seed and sunflower seed for the 1992/93 marketing              Chamber), composed of: P. Jann, President of the Chamber,
year (OJ 1993 L 56, p. 18), the Court (Second Chamber),                    L. Sevón (Rapporteur) and M. Wathelet, Judges; D. Ruiz-Jarabo
composed of: N. Colneric, President of the Chamber,                        Colomer, Advocate General; R. Grass, Registrar, has given a
R. Schintgen (Rapporteur) and V. Skouris, Judges, Advocate                 judgment on 11 December 2001, in which it:
General: C. Stix-Hackl, Registrar: R. Grass, has given a judg-
ment on 7 February 2002, in which it has ruled:
                                                                           1.    Declares that, by failing to forward to the Commission, for the
                                                                                 period from 1995 to 1997, the report required under Article 18
Consideration of the questions submitted has disclosed no factor of              of Council Directive 75/439/EEC of 16 June 1975 on the
such a kind as to affect the validity of Commission Regulation (EEC)             disposal of waste oils, as amended by Council Directive
No 525/93 of 8 March 1993 establishing the value of the final                    91/692/EEC of 23 December 1991 standardising and ration-
regional reference amounts for producers of soya beans, rape seed,               alising reports on the implementation of certain Directives
colza seed and sunflower seed for the 1992/93 marketing year.                    relating to the environment, within the period fixed by that
                                                                                 provision, the Italian Republic has failed to fulfil its obligations
                                                                                 under that directive;
(1) OJ C 316 of 4.11.2000.
                                                                           2.    Orders the Italian Republic to pay the costs.
                                                                           (1) OJ C 355 of 9.12.2000.
                 JUDGMENT OF THE COURT
                          (First Chamber)
                       of 11 December 2001
                                                                                             JUDGMENT OF THE COURT
in Case C-376/00: Commission of the European Communi-
                     ties v Italian Republic (1)                                                    (Second Chamber)
(Failure of a Member State to fulfil obligations — Directives                                         17 January 2002
75/439/EEC and 75/442/EEC — National reports on
  implementation — Failure to forward to the Commission)                   in Case C-394/00: Commission of the European Communi-
                                                                                                      ties v Ireland (1)
                           (2002/C 84/45)
                                                                           (Failure of a Member State to fulfil its obligations —
                    (Language of the case: Italian)                        Directive 96/82/EC — Failure to transpose within the
                                                                                                     prescribed period)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                                      (2002/C 84/46)
                                                                                               (Language of the case: English)
In Case C-376/00: Commission of the European Communities
(Agents: H. Støvlbaek and R. Amorosi) v Italian Republic                   (Provisional translation; the definitive translation will be published
(Agent: U. Leanza, assisted by M. Fiorilli) — application for a                                in the European Court Reports)
declaration that, by failing to forward to the Commission, for
the period from 1995 to 1997, the reports required under
Article 18 of Council Directive 75/439/EEC of 16 June 1975
on the disposal of waste oils (OJ 1975 L 194, p. 23), as                   In Case C-394/00, Commission of the European Communities
amended by Council Directive 91/692/EEC of 23 December                     (Agent:G. zur Hausen) v Ireland (Agent:D. O’Hagan): appli-
1991 standardising and rationalising reports on the implemen-              cation for a declaration that, by failing to adopt the laws,
tation of certain Directives relating to the environment (OJ               regulations and administrative provisions necessary to comply
1991 L 377, p. 48), and under Article 12 of Council Directive              with Council Directive 96/82/EC of 9 December 1996 on
75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39),                the control of major-accident hazards involving dangerous
as amended by Directive 91/692/EEC, within the periods fixed               substances (OJ 1997 L 10, p. 13) or, in any event, by failing to
by those provisions, the Italian Republic has failed to fulfil its         notify the Commission of those provisions, Ireland has failed