CELEX: C1996/077/03
Language: en
Date: 1996-03-16 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 14 December 1995 in Case C-162/94: Commission of the European Communities v. Ireland (Failure to fulfil obligations - Directive 89/662/EEC - Veterinary checks - Failure to transpose)

No C 77/2             EN                 Official Journal of the European Communities                                         16 . 3 . 96
d'Appel, Bourges ( France ) and the Tribunal de Grande                    purposes, it cannot be regarded as a pharmaceutical
Instance ( Regional Court), Paris for a preliminary ruling in             product falling under that heading.
the criminal proceedings pending before those courts
against Patrick Colin attended by Distrithera SARL
( C-106/94 ) and Daniel Dupre attended by Laboratoires              (') OJ No C 132 , 14 . 5 . 1994 ; OJ No C 188 , 9 . 7 . 1994 .
Valda SA ( C-139/94 ) on the interpretation, in Case                ( 2 ) OJ No L 78 , 21 . 3 . 1985 , p . 13 .
C-106/94, of the Common Customs Tariff as regards the
classification of tonic beverages and throat pastilles and, in
Case C-139/94 , of Commission Regulation ( EEC ) No
717/85 of 19 March 1985 on the classification of goods
within subheading 17.04 D I of the Common Customs
Tariff (2 ) and Chapter 30 of the Common Customs Tariff
and the Combined Nomenclature as regards the
classification of throat pastilles, the Court ( Fourth
Chamber), composed of C. N. Kakouris, President of                                 JUDGMENT OF THE COURT
the Chamber, P. J. G. Kapteyn and J. L. Murray                                                 ( Fifth Chamber)
( Rapporteur), Judges; M. B. Elmer, Advocate General :
D. Loutermann-Hubeau, Principal Administrator, for the                                    of 14 December 1995
Registrar, has given a judgment on 14 December 1995 , in            in Case C-162/94: Commission of the European
which it ruled :                                                                       Communities v. Ireland ( 1 )
                                                                    (Failure to fulfil obligations — Directive 89/662/EEC —
                                                                               Veterinary checks — Failure to transpose)
1 . Having regard to their composition, presentation and                                          ( 96/C 77/03 )
    purpose, pastilles such as red Pulmoll pastilles fall under
    heading 17.04 of the Common Customs Tariff.
                                                                                    (Language of the case: English)
2 . Having regard to their composition, presentation and            In Case C-162/94 : Commission of the European
    purpose, pastilles such as green Pulmoll pastilles fall         Communities ( Agents : Jose Luis Iglesias Buhigues and James
    under heading 17.04 of the Common Customs                       Macdonald Flett) v. Ireland (Agent: Michael A. Buckley) —
    Tariff.                                                         application for a declaration that, by failing to bring into
                                                                    force the laws , regulations and administrative provisions
                                                                    necessary to comply with Council Directive 89/662/EEC of
                                                                    11 December 1989 - concerning veterinary checks in
3 . Having regard to their composition, presentation and            intra-Community trade with a view to the completion of the
    purpose, beverages such as Sangart mixture fall under           internal market ( OJ No L 395 , 1989, p. 13 ), Ireland has
    heading 22.09 of the Common Customs Tariff.                     failed to fulfil its obligations under that Directive, in
                                                                    particular Article 22 thereof, and under the Treaty
                                                                    establishing the European Community — the Court ( Fifth
                                                                    Chamber), composed of D. A. O. Edward ( Rapporteur ),
4 . Having regard to their composition, presentation and            President of the Chamber, J. C. Moitinho de Almeida,
    purpose, beverages such as Quintonine fall under                C. Gulmann, L. Sevon and M Wathelet, Judges : C. O. Lenz,
    heading 22.09 of the Common Customs Tariff.                     Advocate General; R. Grass , Registrar, has given a
                                                                    judgment on 14 December 1995 , in which it:
5 . Regulation (EEC) No 71 7/85 of 1 9 March 1 985 on the           1 . Declares that, by failing to bring into force all the laws,
    classification of goods within subheading 17.04 D I of                regulations and administrative provisions necessary to
    the Common Customs Tariff may not be interpreted as                   comply with Council Directive 89/662/EEC of
    referring to goods whose composition (percentage by                   11 December 1989 concerning veterinary checks in
    weight) is different from that indicated in Article I of              intra-Community trade with a view to the completion of
    that Regulation.                                                      the internal market, Ireland has failed to fulfil its
                                                                          obligations under Article 22 of that Directive.
6 . Heading 30.03 of the CCT, which covers medicaments,
                                                                    2 . Orders Ireland to pay the costs.
    is to be interpreted as including a product consisting of
    sugar, but above all of active flavouring agents with
    medicinal properties in such a proportion that it is used       0 ) OJ No C 202 , 23 . 7. 1994 .
    only for therapeutic and prophylactic purposes.
    Nevertheless, where the proportion offlavouring agents
    in the composition of each product does not enable the
    product to be used only for therapeutic or prophylactic