CELEX: C1999/204/14
Language: en
Date: 1999-07-17 00:00:00
Title: Judgment of the Court (First Chamber) of 28 April 1999 in Case C-31/98 (reference for a preliminary ruling from the Finanzgericht München): Peter Luksch v Hauptzollamt Weiden (Agriculture - Common organisation of the markets - Fruit and vegetables - Importation of sour cherries from a third country - Levy of a countervailing charge equal to the difference between the minimum price and the import price - Applicability to spoiled goods)

C 204/8                  EN                     Official Journal of the European Communities                                           17.7.1999
On a proper interpretation of the Combined Nomenclature, in the                               JUDGMENT OF THE COURT
version contained in Annex I to Commission Regulation (EEC) No
2551/93 of 10 August 1993 amending Annex I to Council
                                                                                                       (First Chamber)
Regulation (EEC) No 2658/87 on the tariff and statistical nomencla-
ture and on the common customs tariff, dried walnut pieces, imported
from a non-member country, which have been stored in the                                               of 28 April 1999
Community at a temperature of −24 oC and which, after thawing
out, arc cleared through customs to be admitted into free circulation
                                                                           in Case C-250/98: Commission of the European Communi-
must be classified under tariff heading 0802.
                                                                                                  ties v French Republic (1)
(1) OJ C 41 of 7.2.1998.
                                                                           (Failure by a Member State to fulfil obligations — Failure to
                                                                                            transpose Directive 89/594/EEC)
                                                                                                       (1999/C 204/15)
                  JUDGMENT OF THE COURT
                            (First Chamber)                                                      (Language of the case: French)
                           of 28 April 1999
in Case C-31/98 (reference for a preliminary ruling from                   (Provisional translation; the definitive translation will be published
the Finanzgericht München): Peter Luksch v Hauptzollamt                                         in the European Court Reports)
                               Weiden (1)
(Agriculture — Common organisation of the markets —                        In Case C-250/98: Commission of the European Communities
Fruit and vegetables — Importation of sour cherries from a                 (Agents: Antonio Caeiro and Bernard Mongin) v French
third country — Levy of a countervailing charge equal to the               Republic (Agents: Kareen Rispal-Bellanger and Anne de
difference between the minimum price and the import price                  Bourgoing) — application for a declaration that, by failing to
                — Applicability to spoiled goods)                          adopt all the laws, regulations and administrative provisions
                                                                           necessary to comply with Council Directive 89/594/EEC of 30
                            (1999/C 204/14)                                October 1989 amending Directives 75/362/EEC, 77/452/EEC,
                                                                           78/686/EEC, 78/1026/EEC and 80/154/EEC relating to the
                   (Language of the case: German)                          mutual recognition of diplomas, certificates and other evidence
                                                                           of formal qualifications as doctors, nurses responsible for
                                                                           general care, dental practitioners, veterinary surgeons and
(Provisional translation; the definitive translation will be published     midwives, together with Directives 75/363/EEC, 78/1027/EEC
                    in the European Court Reports)                         and 80/155/EEC concerning the coordination of provisions
In Case C-31/98: reference to the Court under Article 177 of               laid down by law, regulation or administrative action relating
the EC Treaty from the Finanzgericht München (Finance Court,               to the activities of doctors, veterinary surgeons and midwives
Munich), Germany, for a preliminary ruling in the proceedings              (OJ 1989 L 341, p. 19), the French Republic has failed to fulfil
pending before that court between Peter Luksch and Hauptzoll-              its obligations under Directive 89/594 — the Court (First
amt Weiden — on the interpretation of Article 1 of Com-                    Chamber), composed of: P. Jann, President of the Chamber,
mission Regulation (EC) No 1395/94 of 17 June 1994                         D.A.O. Edward (Rapporteur) and L. Sevón, Judges; D. Ruiz-
establishing a minimum import price for sour cherries (OJ                  Jarabo Colomer, Advocate General; R. Grass, Registrar, has
1994 L 152, p. 31) and Annex I to Council Regulation (EEC)                 given a judgment on 28 April 1999, in which it:
No 2658/87 of 23 July 1987 on the tariff and statistical
nomenclature and on the Common Customs Tariff (OJ 1987                     1. Declares that, by failing to adopt all the laws, regulations and
L 256, p. 1) as amended by Commission Regulation (EEC) No                      administrative provisions necessary to comply with Council
2551/93 of 10 August 1993 (OJ 1993 L 241, p. 1), and in                        Directive 89/594/EEC of 30 October 1989 amending Direc-
particular Note 1 to Chapter 8 of the Combined Nomenclature                    tives 75/362/EEC, 77/452/EEC, 78/686/EEC, 78/1026/EEC
— the Court (First Chamber), composed of: P. Jann (Rappor-                     and 80/154/EEC relating to the mutual recognition of diplomas,
teur), President of the Chamber, D.A.O. Edward and L. Sevón,                  certificates and other evidence of formal qualifications as doctors,
Judges; P. Léger, Advocate General; R. Grass, Registrar, has                   nurses responsible for general care, dental practitioners, veterinary
given a judgment on 28 April 1999, in which it has ruled:                      surgeons and midwives, together with Directives
                                                                               75/363/EEC,78/1027/EEC and 80/155/EEC concerning the
Article 1 of Commission Regulation (EC) No 1395/94 of 17 June                  coordination of provisions laid down by law, regulation or
1994 establishing a minimum import price for sour cherries must be             administrative action relating to the activities of doctors, vet-
interpreted as meaning that a countervailing charge may not be levied          erinary surgeons and midwives, the French Republic has failed to
in respect of sour cherries released for free circulation within the           fulfil its obligations under that directive;
Community at a low price, where their low price is attributable to
circumstances beyond the control of the importer and unconnected           2. Orders the French Republic to pay the costs
with the origin of the goods, such as a significant and unexpected
deterioration of the fruit.
                                                                           (1) OJ C 278 of 5.9.1998.
( 1) OJ C 94 of 28.3.1998.