CELEX: C1997/357/10
Language: en
Date: 1997-11-22 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 2 October 1997 in Case C-208/96: Commission of the European Communities v. Kingdom of Belgium (Failure of Member State to fulfil its obligations - Directive 92/119/EEC - Failure to transpose)

C 357/6                  EN                 Official Journal of the European Communities                                    22 . 11 . 97
                 JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                          ( Sixth Chamber)                                                      ( Second Chamber)
                         of 2 October 1997                                                      of 9 October 1997
in     Case    C-208/96: Commission of the European                    in Case C-67/95 (reference for a preliminary ruling from
            Communities v. Kingdom of Belgium (')                      the Tariefcommissie ): Rank Xerox Manufacturing
                                                                       (Nederland ) BV v. Inspecteur der Invoerrechten en
(Failure of Member State to fulfil its obligations —                                                 Accijnzen (^
        Directive 92/119/EEC — Failure to transpose)
                                                                       (Common Customs Tariff — Tariff headings — Copiers
                            ( 97/C 357/10 )                            and fax machines — Classification in the combined
                                                                                                   nomenclature)
                                                                                                   ( 97/C 357/11 )
                   (Language of the case: Dutch)
                                                                                       (Language of the case: Dutch)
   (Provisional translation; the definitive translation will be
           published in the European Court Reports)
                                                                         (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
In Case C-208/96 : Commission of the European
Communities (Agent: Hubert van Vliet) v. Kingdom of
Belgium ( Agent: Jan Devadder) — application for a                     In Case C-67/95 : reference to the Court under Article 177
declaration that, by not adopting within the prescribed
period the laws, regulations and 'administrative provisions            of the EC Treaty from the Tariefcommissie
necessary to comply with Council Directive 92/119/EEC                  (Administrative Court for Customs and Excise )
of 17 December 1992 introducing general Community                      (Netherlands), for a preliminary ruling in the proceedings
measures for the control of certain animal diseases and                pending before that court between Rank Xerox
specific measures relating to swine vesicular disease ( OJ             Manufacturing (Nederland ) BV and Inspecteur der
L 62, 15 . 3 . 1993 , p. 69 ), the Kingdom of Belgium has              Invoerrechten en Accijnzen — on the interpretation of
failed to fulfil its obligations under the EC Treaty — the             Commission Regulation ( EEC ) No 2587/91 of 26 July
Court ( Sixth Chamber ), composed of: G. F. Mancini,                   1991 amending Annex I to Council Regulation ( EEC)
                                                                       No 2658/87 on the tariff and statistical nomenclature and
President of the Chamber, J. L. Murray, C. N. Kakouris,
P. J. G. Kapteyn and G. Hirsch ( Rapporteur ), Judges; P.              on the Common Customs Tariff ( OJ L 259, 16 . 9 . 1991 ,
Leger, Advocate-General; R. Grass, Registrar, has given a              p. 1 ) — the Court ( Second Chamber), composed of: R.
judgment on 2 October 1997, in which it:                               Schintgen, President of the Chamber, G. F. Mancini and
                                                                       G. Hirsch ( Rapporteur), Judges; A. La Pergola, Advocate­
                                                                       General; L. Hewlett, Administrator, for the Registrar, has
                                                                       given a judgment on 9 October 1997, in which it has
                                                                       ruled :
 1 . declares that, by not adopting within the prescribed
      period the laws, regulations and administrative
      provisions necessary to comply with Council Directive
      92/119/EEC of 17 December 1992 introducing general
                                                                       Commission Regulation (EEC) No 2587/91 of 26 July
      Community measures for the control of certain animal
                                                                       1991 amending Annex I to Council Regulation (EEC)
      diseases and specific measures relating to swine                 No 2658/87 on the tariff and statistical nomenclature and
      vesicular disease, the Kingdom of Belgium has failed             on the Common Customs Tariff must be interpreted as
      to fulfil its obligations under Article 27 thereof;
                                                                       meaning that apparatuses such as the Rank Xerox 3010
                                                                       and Rank Xerox 3010 Editor, comprising a scanning
                                                                       device (scanner), a digital storage device (memory) and a
                                                                       printing device (laser printer), fall within sub-heading
2. orders the Kingdom of Belgium to pay the costs.                     9009 12 00 of that Regulation.
 (') OJ C 247, 24 . 8 . 1996 .                                         (*) OJ C 101 , 22 . 4 . 1995 .