CELEX: C2001/200/21
Language: en
Date: 2001-07-14 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 10 May 2001 in Case C-463/98 (reference for a preliminary ruling from the Appeal Commissioners): Cabletron Systems Ltd v The Revenue Commissioners (Common customs tariff — Tariff headings — Tariff classification of equipment used in local area networks — Classification in the Combined Nomenclature — Validity of Regulations (EC) No 1638/94 and No 1165/95)

C 200/12               EN                       Official Journal of the European Communities                                          14.7.2001
                 JUDGMENT OF THE COURT                                           Nomenclature is invalid inasmuch as it classifies the adapter
                                                                                 cards described in item 4 of its annex under heading No 8517
                                                                                 of the Combined Nomenclature.
                         (Fifth Chamber)
                                                                           3.    Items of computer network equipment which are connectable to
                                                                                 the central processing unit either directly or through one or
                                                                                 more other units, which are specifically designed as part of a
                         of 10 May 2001
                                                                                 data-processing system, which are able to accept or deliver data
                                                                                 in a form which can be used by the system and which have no
                                                                                 function that they would be capable of performing without the
in Case C-463/98 (reference for a preliminary ruling from                        assistance of an automatic data-processing machine must be
the Appeal Commissioners): Cabletron Systems Ltd v The                           classified under heading No 8471 of the Combined Nomencla-
                  Revenue Commissioners (1)                                      ture both before and after 1 January 1996.
(Common customs tariff — Tariff headings — Tariff                          (1) OJ C 71 of 13.3.1999.
classification of equipment used in local area networks —
Classification in the Combined Nomenclature — Validity of
        Regulations (EC) No 1638/94 and No 1165/95)
                         (2001/C 200/21)
                                                                                             JUDGMENT OF THE COURT
                   (Language of the case: English)                                                    (Fifth Chamber)
In Case C-463/98: reference to the Court under Article 177                                            of 10 May 2001
of the EC Treaty (now Article 234 EC) from the Appeal
Commissioners (Ireland) for a preliminary ruling in the                    in Case C-144/99: Commission of the European Communi-
proceedings pending before them between Cabletron Systems                                ties v Kingdom of the Netherlands (1)
Ltd and The Revenue Commissioners — on the validity of
Commission Regulation (EC) No 1638/94 of 5 July 1994
                                                                           (Failure by a Member State to fulfil its obligations —
concerning the classification of certain goods in the Combined
                                                                           Directive 93/13/EEC — Unfair terms in consumer contracts
Nomenclature (OJ 1994 L 172, p. 5) and Commission
                                                                           — Incomplete transposition of the directive into national
Regulation (EC) No 1165/95 of 23 May 1995 concerning the
                                                                                                             law)
classification of certain goods in the Combined Nomenclature
(OJ 1995 L 117, p. 15), and on the interpretation of the
Combined Nomenclature of the Common Customs Tariff, set                                               (2001/C 200/22)
out in 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 (OJ 1987 L 256, p. 1), as                                             (Language of the case: Dutch)
amended by Commission Regulation (EEC) No 2505/92 of
14 July 1992 (OJ 1992 L 267, p. 1), by Commission Regulation
(EEC) No 2551/93 of 10 August 1993 (OJ 1993 L 241, p. 1),                  (Provisional translation; the definitive translation will be published
by Commission Regulation (EC) No 3115/94 of 20 December                                        in the European Court Reports)
1994 (OJ 1994 L 345, p. 1) and by Commission Regulation
(EC) No 3009/95 of 22 December 1995 (OJ 1995 L 319, p. 1)
— the Court (Fifth Chamber), composed of: A. La Pergola,                   In Case C-144/99: Commission of the European Communities
President of the Chamber, M. Wathelet, D.A.O. Edward                       (Agents: P. van Nuffel, assisted by M. van der Woude and
(Rapporteur), P. Jann and L. Sevón, Judges; F.G. Jacobs,                  L. Dommering-van Rongen) v Kingdom of the Netherlands
Advocate General; H.A. Rühl, Principal Administrator, for the              (Agents: M.A. Fierstra and J. van Bakel) — application for a
Registrar, has given a judgment on 10 May 2001, in which it                declaration that, by failing to adopt the laws, regulations and
has ruled:                                                                 administrative provisions necessary for the full transposition
                                                                           into Netherlands law of Articles 4(2) and 5 of Council Directive
                                                                           93/13/EEC of 5 April 1993 on unfair terms in consumer
1.    Commission Regulation (EC) No 1638/94 of 5 July 1994                 contracts (OJ 1993 L 95, p. 29), the Kingdom of the
      concerning the classification of certain goods in the Combined       Netherlands has failed to fulfil its obligations under Article 189
      Nomenclature is invalid inasmuch as it classifies the adapters,      of the EC Treaty (now Article 249 EC) and under that Directive
      link adapters and transceivers described in items 1 to 3 of its      — the Court (Fifth Chamber), composed of: A. La Pergola,
      annex under heading No 8517 of the Combined Nomenclature.            President of the Chamber, M. Wathelet, D.A.O. Edward, P. Jann
                                                                           (Rapporteur) and L. Sevón, Judges; A. Tizzano, Advocate
2.    Commission Regulation (EC) No 1165/95 of 23 May 1995                 General; R. Grass, has given a judgment on 10 May 2001, in
      concerning the classification of certain goods in the Combined       which it: