CELEX: C2000/335/18
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 26 September 2000 in Case C-42/99 (reference for a preliminary ruling from the Supremo Tribunal Administrativo, Portugal): Fábrica de Queĳo Eru Portuguesa Ld.a v Tribunal Técnico Aduaneiro de Segunda Instância (Free movement of goods — Common Customs Tariff — Tariff heading — Cheese or casein — Regulation (EEC) No 3174/88)

C 335/10                 EN                     Official Journal of the European Communities                                        25.11.2000
The principle of equal treatment, as laid down in Article 3(1) of          The Combined Nomenclature as set out in Annex 1 of Commission
Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on              Regulation (EEC) No 3174/88 of 21 September 1988 amending
the application of social security schemes to employed persons, to self-   Annex I to Council Regulation (EEC) No 2658/87 on the tariff and
employed persons and to members of their families moving within            statistical nomenclature and on the Common Customs Tariff is to be
the Community, as amended by Council Regulation (EEC) No                   interpreted as meaning that a product made by adding rennet to
1945/93 of 30 June 1993, precludes national legislation which              skimmed milk and made up of 54 % water, 0,9 % fat, 5,7 %
fixes the minimum amount of a cash benefit that can be paid to a           phosphorous and 2 % salt and casein must be classified under tariff
Community national residing in another Member State at a higher            subheading 0406 90 11‘Other cheese: — For processing’.
level than that required where that payment is made within the same
Member State, in circumstances where the payment to be sent to
another Member State does not involve expenses higher than those           (1) OJ C 100 of 10.4.1999.
incurred in respect of the payment of the same benefit within the first
Member State.
(1) OJ C 174 of 19.6.1999.
                                                                                            JUDGMENT OF THE COURT
                                                                                                  of 26 September 2000
                  JUDGMENT OF THE COURT
                           (Fifth Chamber)                                 in Case C-205/98: Commission of the European Communi-
                                                                                             ties v Republic of Austria (1)
                      of 26 September 2000
                                                                           (Failure of a Member State to fulfil obligations — Directive
in Case C-42/99 (reference for a preliminary ruling from                   93/89/EEC — Tolls — Brenner motorway — Prohibition of
the Supremo Tribunal Administrativo, Portugal): Fábrica                   discrimination — Obligation to set toll rates by reference to
de Queijo Eru Portuguesa Ld.a v Tribunal Técnico                                  the costs of the infrastructure network concerned)
              Aduaneiro de Segunda Instância (1)
                                                                                                     (2000/C 335/19)
(Free movement of goods — Common Customs Tariff —
Tariff heading — Cheese or casein — Regulation (EEC) No
                               3174/88)                                                        (Language of the case: Dutch)
                           (2000/C 335/18)
                                                                           (Provisional translation; the definitive translation will be published
                  (Language of the case: Portuguese)                                          in the European Court Reports)
                                                                           In Case C-205/98: Commission of the European Communities
(Provisional translation; the definitive translation will be published     (Agents: L. Pignataro and A. Buschmann) v Republic of Austria
                    in the European Court Reports)                         (Agents: H. Dossi) — application for a declaration that, by
                                                                           raising from 1 July 1995 and from 1 February 1996 the tolls
In Case C-42/99: reference to the Court under Article 177 of               for the whole Brenner motorway, a transit route through
the EC Treaty (now Article 234 EC) from the Supremo                        Austria used predominantly by goods vehicles of over 12
Tribunal Administrativo (Supreme Administrative Court) for a               tonnes from other Member States, and by not imposing the
preliminary ruling in the proceedings pending before that                  said tolls only to cover the costs of constructing, operating
court between Fábrica de Queijo Eru Portuguesa Ld.a and                   and developing the Brenner motorway, the Republic of Austria
Tribunal Técnico Aduaneiro de Segunda Instância in the                     has failed to fulfil its obligations under Article 7(b) and Article
presence of: Ministério Público — on the interpretation of the            7(h) of Council Directive 93/89/EEC of 25 October 1993 on
Combined Nomenclature as set out in Annex I of Commission                  the application by Member States of taxes on certain vehicles
Regulation (EEC) No 3174/88 of 21 September 1988                           used for the carriage of goods by road and tolls and charges
amending Annex I to Council Regulation (EEC) No 2658/87                    for the use of certain infrastructures (OJ 1993 L 279, p. 32) —
on the tariff and statistical nomenclature and on the Common               the Court, composed of: G.C. Rodrı́guez Iglesias, President,
Customs Tariff (OJ 1988 L 298 p. 1) — the Court (Fifth                     J.C. Moitinho de Almeida (Rapporteur), L. Sevón, R. Schintgen
Chamber), composed of: D.A.O. Edward, President of the                     (Presidents of Chambers), P.J.G. Kapteyn, C. Gulmann,
Chamber, L. Sevón, P.J.G. Kapteyn, H. Ragnemalm (Rappor-                  J.-P. Puissochet, P. Jann, M. Wathelet, V. Skouris and F. Macken,
teur) and M. Wathelet, Judges; N. Fennelly, Advocate General;              Judges; A. Saggio, Advocate General; H.A. Rühl, Principal
H.A. Rühl, Principal Administrator, for the Registrar, has given           Administrator, for the Registrar, has given a judgment on
a judgment on 26 September 2000, in which it has ruled:                    26 September 2000, in which it: