CELEX: C2002/323/16
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 14 November 2002 in Case C-271/00 (Reference for a preliminary ruling from the Hof van Beroep te Antwerpen): Gemeente Steenbergen v Luc Baten (Brussels Convention — Scope — Action under a right of recourse under national legislation providing for payment of allowances by way of social assistance — Concept of "civil matters" — Concept of "social security")

C 323/14                 EN                        Official Journal of the European Communities                                         21.12.2002
                  JUDGMENT OF THE COURT                                       2.    The term ‘solely’ in Note 1(b) to Chapter 90 of the Combined
                                                                                    Nomenclature must be interpreted as meaning that the note
                                                                                    does not exclude from that chapter belts and supports of
                           (Fifth Chamber)                                          which characteristics other than their elasticity contribute to a
                                                                                    significant extent to the intended effect on the organ to be
                                                                                    supported or held.
                        of 7 November 2002
                                                                              (1 ) OJ C 258 of 7.10.2000.
In Joined Cases C-260/00 to C-263/00 (Reference for a
preliminary ruling from the Hessisches Finanzgericht,
     Kassel): Lohmann GmbH & Co. KG and Others ( 1)
(Common Customs Tariff — Tariff headings — Classifi-
cation in the Combined Nomenclature of wrist orthoses,
lumbar support belts, elbow supports and knee supports —                                       JUDGMENT OF THE COURT
   Note 1(b) to Chapter 90 of the Combined Nomenclature)
                                                                                                        (Fifth Chamber)
                           (2002/C 323/15)
                                                                                                    of 14 November 2002
                    (Language of the case: German)
                                                                              in Case C-271/00 (Reference for a preliminary ruling
                                                                              from the Hof van Beroep te Antwerpen): Gemeente
(Provisional translation; the definitive translation will be published                           Steenbergen v Luc Baten (1)
                    in the European Court Reports)
                                                                              (Brussels Convention — Scope — Action under a right of
                                                                              recourse under national legislation providing for payment of
                                                                              allowances by way of social assistance — Concept of ‘civil
                                                                                           matters’ — Concept of ‘social security’)
In Joined Cases C-260/00 to C-263/00: Reference to the Court
under Article 234 EC by the Hessisches Finanzgericht, Kassel
(Germany) for a preliminary ruling in the proceedings pending                                           (2002/C 323/16)
before that court between Lohmann GmbH & Co. KG (C-260/
00 to C-262/00), medi Bayreuth Weihermüller & Voigtmann                                           (Language of the case: Dutch)
GmbH & Co. KG (C-263/00) and Oberfinanzdirektion Ko-
blenz, on the interpretation of heading 9021 of the Combined
Nomenclature, contained in Annex I to Council Regulation                      (Provisional translation; the definitive translation will be published
(EEC) No 2658/87 of 23 July 1987 on the tariff and statistical                                   in the European Court Reports)
nomenclature and on the Common Customs Tariff (OJ 1987
L 256, p. 1), as amended by Commission Regulation (EC)
No 1734/96 of 9 September 1996 (OJ 1996 L 238, p. 1), the
Court (Fifth Chamber), composed of: M. Wathelet, President of                 In Case C-271/00: Reference to the Court pursuant to the
the Chamber, C.W.A. Timmermans, D.A.O. Edward (Rapporte-                      Protocol of 3 June 1971 on the interpretation by the Court of
ur), S. von Bahr and A. Rosas, Judges; A. Tizzano, Advocate                   Justice of the Convention of 27 September 1968 on Jurisdic-
General; H.A. Rühl, Principal Administrator, for the Registrar,               tion and the Enforcement of Judgments in Civil and Commer-
has given a judgment on 7 November 2002, in which it has                      cial Matters by the Hof van Beroep te Antwerpen (Belgium),
ruled:                                                                        for a preliminary ruling in the proceedings pending before that
                                                                              court between Gemeente Steenbergen and Luc Baten, on the
                                                                              interpretation of Article 1 of the abovementioned Convention
1.    Tariff heading 9021 of the Combined Nomenclature, contained             of 27 September 1968 (OJ 1978 L 304, p. 36), as amended by
      in Annex I to Council Regulation (EEC) No 2658/87 of                    the Convention of 9 October 1978 on the Accession of the
      23 July 1987 on the tariff and statistical nomenclature and on          Kingdom of Denmark, Ireland and the United Kingdom of
      the Common Customs Tariff, as amended by Commission                     Great Britain and Northern Ireland (OJ 1978 L 304, p. 1 and
      Regulation (EC) No 1734/96 of 9 September 1996, must be                 — amended version — p. 77) and by the Convention of
      interpreted as meaning that products such as wrist orthoses,            25 October 1982 on the Accession of the Hellenic Republic
      lumbar support belts, elbow supports and knee supports fall             (OJ 1982 L 388, p. 1), the Court (Fifth Chamber), composed
      within that heading if they display characteristics which               of: C. W. A. Timmermans, President of the Fourth Chamber,
      distinguish them, in particular by the materials of which they          acting as President of the Fifth Chamber, D. A. O. Edward,
      are made, their method of operation or their adjustability to the       A. La Pergola, P. Jann (Rapporteur) and S. von Bahr, Judges;
      patient’s specific handicaps, from ordinary belts and supports          A. Tizzano, Advocate General; L. Hewlett, Principal Adminis-
      for general use. It is for the referring court to ascertain whether     trator, for the Registrar, has given a judgment on 14 November
      that is the case in the main proceedings.                               2002, in which it has ruled:
 ---pagebreak--- 21.12.2002                EN                      Official Journal of the European Communities                                          C 323/15
1.     The first paragraph of Article 1 of the Convention of                 assisted by E. Fitzsimons, and E. Galligan, BL): Application for
       27 September 1968 on Jurisdiction and the Enforcement of              a declaration that:
       Judgments in Civil and Commercial Matters, as amended by
       the Convention of 9 October 1978 on the Accession of the
       Kingdom of Denmark, Ireland and the United Kingdom of
       Great Britain and Northern Ireland and by the Convention of
       25 October 1982 on the Accession of the Hellenic Republic,            —     by failing to ensure compliance with microbiological
       must be interpreted as meaning that the concept of ‘civil matters’          parameters 57 (total coliforms) and 58 (faecal coliforms)
       encompasses an action under a right of recourse whereby a                   of Annex I to Council Directive 80/778/EEC of 15 July
       public body seeks from a person governed by private law recovery            1980 relating to the quality of water intended for human
       of sums paid by it by way of social assistance to the divorced              consumption (OJ 1980 L 229, p. 11) in respect of certain
       spouse and the child of that person, provided that the basis and            public water supplies and certain group water supplies
       the detailed rules relating to the bringing of that action are              (other than those providing less than 10 m3 a day as an
       governed by the rules of the ordinary law in regard to                      average or serving fewer than 50 persons, unless the
       maintenance obligations. Where the action under a right of                  water is supplied as part of a commercial or public
       recourse is founded on provisions by which the legislature                  activity) identified in official drinking water reports and
       conferred on the public body a prerogative of its own, that                 in correspondence concerning Ballycroy (Ireland), and
       action cannot be regarded as being brought in ‘civil matters’.
2.     Point 3 of the second paragraph of Article 1 of the Brussels
       Convention must be interpreted as meaning that the concept of
       ‘social security’ does not encompass the action under a right of      —     by failing, in its implementing legislation, to reflect the
       recourse by which a public body seeks from a person governed                binding character of the requirements of Annex I to the
       by private law recovery in accordance with the rules of the                 directive in relation to group water supplies, Ireland has
       ordinary law of sums paid by it by way of social assistance to              failed to fulfil its obligations under Articles 7(6), 18 and
       the divorced spouse and the child of that person.                           19 of that directive and under the EC Treaty,
( 1) OJ C 259 of 9.9.2000.
                                                                             the Court (Sixth Chamber), composed of: J.-P. Puissochet,
                                                                             President of the Chamber, R. Schintgen, V. Skouris, F. Macken
                                                                             and J. N. Cunha Rodrigues (Rapporteur), Judges; A. Tizzano,
                                                                             Advocate General; H. von Holstein, Deputy Registrar, has
                                                                             given a judgment on 14 November 2002, in which it:
                   JUDGMENT OF THE COURT
                            (Sixth Chamber)
                                                                             1.    Declares that:
                         of 14 November 2002
in Case C-316/00: Commission of the European Communi-
                             ties v Ireland ( 1)                                   —     by failing to ensure compliance with microbiological
                                                                                         parameters 57 (total coliforms) and 58 (faecal coliforms)
                                                                                         of Annex I to Council Directive 80/778/EEC of 15 July
(Failure of a Member State to fulfil its obligations —                                   1980 relating to the quality of water intended for human
Directive 80/778/EEC — Quality of water intended for                                     consumption in respect of certain public water supplies
      human consumption — Incomplete implementation)                                     and certain group water supplies (other than those
                                                                                         providing less than 10 m 3 a day as an average or serving
                                                                                         fewer than 50 persons, unless the water is supplied as
                            (2002/C 323/17)                                              part of a commercial or public activity) identified in
                                                                                         official drinking water reports and in correspondence
                                                                                         concerning Ballycroy, Ireland, and
                      (Language of the case: English)
In Case C-316/00, Commission of the European Communities                           —     by failing, in its implementing legislation, to reflect the
(Agent: R. B. Wainwright) v Ireland (Agent: D. J. O’Hagan,                               binding character of the requirements of Annex I to the