CELEX: C1996/133/18
Language: en
Date: 1996-05-04 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 29 February 1996 in Case C-300/94 (reference for a preliminary ruling from the Tribunal Superior de Justicia, Andalusia): Tirma SA v. Administración General del Estado (Protocol No 2 to the Act of Accession of Spain and Portugal - Canary Islands - Customs territory of the Community - Processed agricultural products - Exemption from customs duties - Article 5 of Regulation (EEC) No 3033/80 - Variable component)

4 . 5 . 96            I EN                  Official Journal of the European Communities                                    No C 133/9
                JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                          ( Sixth Chamber)                                                     (First Chamber)
                       of 29 February 1996                                                  of 29 February 1996
in Case C-239/94: Commission of the European                           in Case C-300/94 (reference for a preliminary ruling from
                    Communities v. Ireland ( l )                       the Tribunal Superior de Justicia, Andalusia ): Tirma SA v.
(Failure to fulfil obligations — Directive 91/263/EEC —                           Administración General del Estado (M
                        Failure to transpose)                          (Protocol No 2 to the Act ofAccession ofSpain andPortugal
                             ( 96/C 133/ 17                            — Canary Islands — Customs territory of the Community
                                                                       — Processed agricultural products — Exemption from
                                                                       customs duties — Article S of Regulation (EEC)
                                                                                  No 3033/80 — Variable component)
                                                                                                ( 96/C 133/ 18
                 (Language of tbe case: English)
                                                                                      (Language of tbe case: Spanisb)
In Case C-239/94 : Commission of the European
Communities ( Agents : Thomas F. Cusack and David
Mclntyre ) v. Ireland ( Agent: Michael A. Buckley) —
application for a declaration that, by failing to bring into
force within the prescribed period the laws, regulations and           (Provisional translation: the definitive translation will be
administrative provisions necessary to comply with Council                      published in the European Court Reports)
Directive 91/263/EEC of 29 April 1991 on the
approximation of the laws of the Member States concerning
telecommunications terminal equipment, including the
mutual recognition of their conformity ( OJNoL128,1991 ,               In Case C-300/94 : reference to the Court under Article 177
p . 1 ), or alternatively, by failing to inform the Commission         of the EC Treaty by the Tribunal Superior de Justicia ( High
of such measures, Ireland has failed to fulfil its obligations         Court of Justice ), Andalusia ( Spain ), for a preliminary ruling
under the Directive, in particular Article 17 thereof, and             in the proceedings pending before that court between Tirma
under the third paragraph of Article 1 89 of the EC Treaty —           SA and Administraciôn           General    del   Estado  on the
the Court ( Sixth Chamber ), composed of C. N. Kakouris,               interpretation of Council Regulation ( EEC ) No 3033/80 of
President of the Chamber, G. Hirsch, G. F. Mancini                     11 November 1980 laying down the trade arrangements
( Rapporteur ), F. A. Schockweiler and P. J. G. Kapteyn,               applicable to certain goods resulting from the processing of
Judges; C. O. Lenz, Advocate-General; R. Grass, Registrar,             agricultural products ( OJ No L 323 , 1980 , p . 1 ), as regards
has given a judgment on 29 February 1996 , in which it:                the variable component of the charge applicable to goods
                                                                       resulting from the processing of agricultural products — the
                                                                       Court ( First Chamber ), composed of D. A. O. Edward
                                                                       ( Rapporteur ), President of the Chamber, P. Jann and
                                                                       M. Wathelet, Judges; N. Fennelly, Advocate-General ; R.
1 , declares that, by failing to bring into force within the
                                                                       Grass, Registrar, has given a judgment on 29 February 1996
      prescribed period the laws, regulations and                      in which it rules :
      administrative provisions necessary to comply with
      Council Directive 91 /263/EEC of 29 April 1991 on the
      approximation of the laws of the Member States
      concerning telecommunications terminal equipment,
      including the mutual recognition of their conformity,            The variable component of the charge concerning processed
      Ireland has failed to fulfil its obligations under               agricultural products, provided for in Article 5 of Council
      Article 17 of the Directive and under the third                  Regulation (EEC) No 3033/80 of 11 November 1980 laying
      paragraph of Article 189 of the EC Treaty;                       down the trade arrangements applicable to certain goods
                                                                       resulting from the processing of agricultural products, falls
                                                                       within the arrangements laid down in Article 1 (1 ) to (3) of
                                                                       Protocol No 2 to the Act of Accession of the Kingdom of
                                                                       Spain and the Portuguese Republic, and is not covered by
2 , orders Ireland to pay the costs.                                   the exemption laid down in Article 2 of that Protocol.
 (') OJ No C 288 , 15 . 10 . 1994 .                                     0 ) OJ No C 370 , 24 . 12 . 1994 .