CELEX: C2002/109/16
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court (Fourth Chamber) 7 March 2002 in Case C-259/00 (Reference for a preliminary ruling from the Finanzgericht München): Biochem Zusatzstoffe Handels- und Produktions GmbH v Oberfinanzdirektion Nürnberg (Common Customs Tariff — Tariff headings — Tariff classification of immunoglobulin concentrates from colostrum — Classification in the Combined Nomenclature)

4.5.2002                EN                      Official Journal of the European Communities                                             C 109/11
2.    Article 69(1)(a) of Regulation No 1408/71, as amended and            On a proper construction of Annex I to Council Regulation (EEC)
      updated by Regulation No 118/97, must be construed as                No 2658/87 of 23 July 1987 on the tariff and statistical
      meaning that, in order to retain entitlement to unemployment         nomenclature and on the Common Customs Tariff, as amended by
      benefits as provided for therein, a person seeking work must         Regulation (EC) No 2086/97 of 4 November 1997, immunoglobul-
      have remained available to the employment services of the            in concentrates from dried, defatted and decaseinated colostrum,
      competent State for a total of at least four weeks after the         standardised by means of lactose, are to be classified as pharmaceutical
      commencement of unemployment, regardless of whether that             products in Chapter 30 of the Combined Nomenclature.
      period was continuous or not.
                                                                           (1) OJ C 247 of 26.8.2000.
(1) OJ C 211 of 22.7.2000.
                 JUDGMENT OF THE COURT
                                                                                             JUDGMENT OF THE COURT
                        (Fourth Chamber)
                                                                                                      (Sixth Chamber)
                           7 March 2002
                                                                                                      7 February 2002
in Case C-259/00 (Reference for a preliminary ruling
from the Finanzgericht München): Biochem Zusatzstoffe                      in Case C-279/00: Commission of the European Communi-
Handels- und Produktions GmbH v Oberfinanzdirektion                                              ties v Italian Republic (1)
                            Nürnberg (1)
(Common Customs Tariff — Tariff headings — Tariff                          (Failure by a Member State to fulfil its obligations —
classification of immunoglobulin concentrates from col-                    Freedom to supply services — Free movement of capital —
  ostrum — Classification in the Combined Nomenclature)                               Business of providing temporary labour)
                          (2002/C 109/16)                                                             (2002/C 109/17)
                   (Language of the case: German)                                               (Language of the case: Italian)
(Provisional translation; the definitive translation will be published     (Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                              in the European Court Reports)
In Case C-259/00: Reference to the Court under Article 234
EC by the Finanzgericht München (Germany) for a preliminary                In Case C-279/00, Commission of the European Communities
ruling in the proceedings pending before that court between                (Agents: E. Traversa and M. Patakia) v Italian Republic (Agent:
Biochem Zusatzstoffe Handels- und Produktions GmbH and                     U. Leanza, assisted by D. Del Gaizo): Application for a
Oberfinanzdirektion Nürnberg, on the interpretation of Chap-               declaration that, by requiring undertakings engaged in the
ter 30 of the Combined Nomenclature, set out in Annex I to                 provision of temporary labour which are established in other
Council Regulation (EEC) No 2658/87 of 23 July 1987 on the                 Member States to maintain their registered office or a branch
tariff and statistical nomenclature and on the Common                      office on Italian territory, and to lodge a guarantee of ITL
Customs Tariff (OJ 1987 L 256, p. 1), as amended by                        700 million with a credit institution having its registered office
Commission Regulation (EC) No 2086/97 of 4 November                        or a branch office on Italian territory, the Italian Republic has
1997 (OJ 1997 L 312, p. 1), the Court (Fourth Chamber),                    failed to fulfil its obligations under Articles 49 EC and 56 EC,
composed of: D.A.O. Edward (Rapporteur), acting for the                    the Court (Sixth Chamber), composed of: F. Macken, President
President of the Fourth Chamber, A. La Pergola and                         of the Chamber, C. Gulmann, R. Schintgen (Rapporteur),
C.W.A. Timmermans, Judges; C. Stix-Hackl, Advocate General;                V. Skouris, J.N. Cunha Rodrigues, Judges; S. Alber, Advocate
R. Grass, Registrar, has given a judgment on 7 March 2002, in              General; R. Grass, Registrar, has given a judgment on 7 Febru-
which it has ruled:                                                        ary 2002, in which it: