CELEX: C1998/055/26
Language: en
Date: 1998-02-20 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 15 January 1998 in Case C-80/96 (reference for a preliminary ruling from the Hessisches Finanzgericht, Kassel): Quelle Schickedanz AG und Co. v. Oberfinanzdirektion Frankfurt am Main (Common Customs Tariff - Classification of a set of goods - Validity of point 6 of the Annex to Commission Regulation (EC) No 1966/94)

C 55/14              EN                 Official Journal of the European Communities                                       20.2.98
Procurement Office), Austria, for a preliminary ruling in               European Investment Bank and the other existing
the proceedings pending before that court between                       financial instruments is to be interpreted as meaning
Mannesmann Anlagenbau Austria AG and Others and                         that Community funding of a works project is not
Strohal Rotationsdruck GesmbH Ð on the interpretation                   conditional upon the recipients complying with the
of Article 1(b) of Council Directive 93/37/EEC of 14 June               review procedures within the meaning of Council
1993 concerning the coordination of procedures for the                  Directive 89/665/EEC of 21 December 1989 on the
award of public works contracts (OJ L 199, 9.8. 1993,                   coordination       of    the   laws,    regulations    and
p. 54) and Article 7(1) of Council Regulation (EEC)                     administrative provisions relating to the application of
No 2081/93 of 20 July 1993 amending Regulation (EEC)                    review procedures to the award of public supply and
No 2052/88 on the tasks of the Structural Funds and their               public works contracts if they are not themselves
effectiveness and on coordination of their activities                   contracting authorities within the meaning of
between themselves and with the operations of the                       Article 1(b) of Directive 93/37/EEC.
European Investment Bank and the other existing financial
instruments (OJ L 193, 31.7.1993, p. 5) Ð the Court,               (1) OJ C 95, 30.3.1996.
composed of: G. C. Rodríguez Iglesias, President, C.
Gulmann, M. Wathelet and R. Schintgen (Presidents of
Chambers), G. F. Mancini, J. C. Moitinho de Almeida,
P. J. G. Kapteyn (Rapporteur), J. L. Murray, D. A. O.
Edward, J.-P. Puissochet, G. Hirsch, P. Jann and L. Sevón,
Judges; P. LeÂger, Advocate-General; H. A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on                         JUDGMENT OF THE COURT
15 January 1998, in which it has ruled:
                                                                                            (First Chamber)
                                                                                          of 15 January 1998
1. An entity such as the Österreichische Staatsdruckerei
    must be regarded as a body governed by public law              in Case C-80/96 (reference for a preliminary ruling from
    within the meaning of the second subparagraph of               the Hessisches Finanzgericht, Kassel): Quelle Schickedanz
    Article 1(b) of Council Directive 93/37/EEC of 14 June         AG und Co. v. Oberfinanzdirektion Frankfurt am Main (1)
    1993 concerning the coordination of procedures for             (Common Customs Tariff Ð Classification of a set of
    the award of public works contracts, and thus as a             goods Ð Validity of point 6 of the Annex to Commission
    contracting authority within the meaning of the first                           Regulation (EC) No 1966/94)
    subparagraph of that provision so that works
    contracts, of whatever nature, entered into by that                                       (98/C 55/26)
    entity are to be considered to be public works
    contracts within the meaning of Article 1(a) of that                           (Language of the case: German)
    Directive.
                                                                     (Provisional translation; the definitive translation will be
2. An undertaking which carries on commercial activities
                                                                             published in the European Court Reports)
    and in which a contracting authority has a majority
    shareholding is not to be regarded as a body governed
    by public law within the meaning of Article 1(b) of            In Case C-80/96: reference to the Court under Article 177
    Directive 93/37/EEC, and thus as a contracting                 of the EC Treaty from the Hessisches Finanzgericht
    authority within the meaning of that provision, on the         (Hessen Finance Court), Kassel, Germany, for a
    sole ground that that undertaking was established by           preliminary ruling in the proceedings pending before that
    the contracting authority or that the contracting              court between Quelle Schickedanz AG und Co. and
    authority transferred to it funds which it has earned          Oberfinanzdirektion Frankfurt am Main Ð on the
    from activities pursued in order to meet needs in the          interpretation and validity of point 6 of the Annex to
    general interest, not having an industrial or                  Commission Regulation (EC) No 1966/94 of 28 July 1994
    commercial character.                                          concerning the classification of certain goods in the
                                                                   Combined Nomenclature (OJ L 198, 30.7.1994, p. 103)
                                                                   Ð the Court (First Chamber), composed of: M. Wathelet,
3. A public works contract is not subject to the                   President of the Chamber, P. Jann (Rapporteur) and L.
    provisions of Directive 93/37/EEC when it relates to a         Sevón, Judges; N. Fennelly, Advocate-General; D.
    project which, from the outset, falls entirely within the      Louterman-Hubeau, Principal Administrator, for the
    objects of an undertaking which is not a contracting           Registrar, has given a judgment on 15 January 1998, in
    authority and when the works contracts relating to             which it has ruled:
    that project were entered into by a contracting
    authority on behalf of that undertaking.
                                                                   1. Commission Regulation (EC) No 1966/94 of 28 July
                                                                        1994 concerning the classification of certain goods in
4. Article 7(1) of Council Regulation (EEC) No 2081/93                  the Combined Nomenclature is invalid insofar as in
    of 20 July 1993 amending Regulation (EEC) No 2052/                  point 6 of the Annex thereto it classifies goods put up
    88 on the tasks of the Structural Funds and their                   in sets for retail sale, comprising a brassieÁre and briefs,
    effectiveness and on coordination of their activities               separately under tariff subheadings 6108 21 00 and
    between themselves and with the operations of the                   6212 10 00.
 ---pagebreak--- 20.2.98               EN                 Official Journal of the European Communities                                     C 55/15
2. On a proper construction of the Combined                         The Commission notes that the Hellenic Republic has not
     Nomenclature, as established by Annex I to                     yet adopted the appropriate measures to incorporate the
     Commission Regulation (EEC) No 2551/93 of                      directives at issue fully into the Greek legal order.
     10 August 1993 amending Annex I to Council
     Regulation (EEC) No 2658/87 on the tariff and                  (1) OJ L 340, 31.12.1993, p. 15.
     statistical nomenclature and on the Common Customs             (2) OJ L 32, 5.2.1985, p. 14.
     Tariff, such goods are to be classified under the              (3) OJ L 315, 8.12.1994, p. 18.
     heading which occurs last in numerical order, namely           (4) OJ L 26, 31.1.1977, p. 67.
     subheading 6212 10 00.
(1) OJ C 145, 18.5.1996.
                                                                    Action brought on 19 November 1997 by Glasoltherm
                                                                    Sarl against the Commission of the European
                                                                                              Communities
Action brought on 11 November 1997 by the Commission                                        (Case C-399/97)
of the European Communities against the Hellenic
                           Republic                                                           (98/C 55/28)
                       (Case C-385/97)
                         (98/C 55/27)                               An action against the Commission of the European
                                                                    Communities was brought before the Court of Justice of
                                                                    the European Communities on 19 November 1997 by
An action against the Hellenic Republic was brought                 Glasoltherm Sarl, represented by Mr Penciolelli, lawyer, of
before the Court of Justice of the European Communities             18 Avenue de la LibeÂration, 91130 Ris Orangis (France).
on 11 November 1997 by the Commission of the
European Communities, represented by Maria Kondou-
Durande, of its Legal Service, with an address for service          Glasoltherm Sarl claims that the Court should:
in Luxembourg at the office of Carlos Gómez de la Cruz,
of its Legal Service, Wagner Centre, Kirchberg.                     Ð order the Commission of the European Communities
                                                                        to support by all means, including the provision of
The applicant claims that the Court should:                             financial assistance, over a period of 10 years from the
                                                                        date of entry into industrial service of the two
Ð declare that, by failing to adopt within the time-limit               demonstration operations referred to, the action taken
     laid down the laws, regulations and administrative                 by a commercial company formed by Glasoltherm Sarl
     provisions necessary in order to comply with:                      to market Glasoltherm thermoelectric micro-heating
                                                                        technology in the European Community,
     Ð Council Directive 93/118/EC (1) of 22 December
         1993 amending Directive 85/73/EEC (2) on the               Ð order the Commission of the European Communities
         financing of health inspections and controls of                to pay the costs.
         fresh meat and poultrymeat, and
     Ð Commission Directive 94/59/EC (3) of 2 December              Pleas in law and main arguments adduced in support:
         1994 amending for the third time the Annexes
         to Council Directive 77/96/EEC (4) on the                  The pleas in law and main arguments are the same as in
         examination for trichinae (trichinella spiralis) upon      Case C-388/96 (1).
         importation from third countries of fresh meat
         derived from domestic swine,
                                                                    (1) OJ C 40, 8.2.1997, p. 11.
                                                                        OJ C 295, 27.9.1997, p. 9.
         the Hellenic Republic has failed to fulfil its
         obligations under the Treaty and those Directives,
Ð order the Hellenic Republic to pay the costs.
Pleas in law and main arguments adduced in support:
                                                                    Action brought on 4 December 1997 by the Commission
                                                                    of the European Communities against the Kingdom of the
Under the third paragraph of Article 189 of the EC Treaty,                                    Netherlands
directives are binding, as to the result to be achieved,
upon each Member State to which they are addressed.                                         (Case C-408/97)
Under the first paragraph of Article 5 of the Treaty,                                         (98/C 55/29)
Member States are to take all appropriate measures,
whether general or particular, to ensure fulfilment of the
obligations arising out of the Treaty or resulting from             An action against the Kingdom of the Netherlands was
actions taken by the institutions of the Community.                 brought before the Court of Justice of the European