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4.12.

2004 EN Official Journal of the European Union C 300/13

Commission of the European Communities (Agent: M. Nolin) hoed, Advocate General; R. Grass, Registrar, has given a judg-
and French Republic (Agents: G. de Bergues, S. Pailler and D. ment on 7 October 2004, in which it has ruled:
Petrausch) — the Court (First Chamber), composed of: P. Jann,
President of the Chamber, S. von Bahr and K. Schiemann
(Rapporteur), Judges; L.A. Geelhoed, Advocate General; R.
Grass, Registrar, has given a judgment on 14 October 2004, in The Combined Nomenclature set out in Annex I to Council Regu-
which it: lation (EEC) No 2658/87 of 23 July 1987 on the tariff and statis-
tical nomenclature and on the Common Customs Tariff, as amended
by Commission Regulation (EC) No 1734/96 of 9 September 1996,
1. Declares that, by virtue of the award by the Communauté urbaine Commission Regulation (EC) No 2086/97 of 4 November 1997,
du Mans of a study contract for assistance to the maître d'ouvrage Commission Regulation (EC) No 2261/98 of 26 October 1998,
in respect of the Chauvinière sewage treatment plant, without and Commission Regulation (EC) No 2204/99 of 12 October 1999
publication of a contract notice in the Official Journal of the Euro- must be construed as meaning that in a dispute such as that in the
pean Communities, the French Republic has failed to fulfil its obli- main proceedings, in which the parties disagree as to whether plastic
gations under Council Directive 92/50/EEC of 18 June 1992 chairmats such as those at issue in the main proceedings come under
relating to the coordination of procedures for the award of public subheading 3918 10 90 or subheading 9403 70 90 of the
service contracts, and in particular Article 15(2) thereof; Combined Nomenclature, classification under the former subheading
is to be preferred.

2. Orders the French Republic to pay the costs.
(1) OJ C 7 of 11.1.2003.

(1) OJ C 289 of 23.11.2002.

JUDGMENT OF THE COURT

(Second Chamber)
JUDGMENT OF THE COURT

of 7 October 2004
(Sixth Chamber)

of 7 October 2004 in Case C-402/02: Commission of the European Commu-
nities v French Republic (1)

in Case C-379/02 (reference for a preliminary ruling from
the Østre Landsret): Skatteministeriet v Imexpo Trading
A/S (1) (Failure by a Member State to fulfil its obligations — Direc-
tives 89/48/EEC and 92/51/EEC — Recognition of diplomas
— Access to the profession of special needs teacher in the
(Common Customs Tariff — Tariff headings — Classifica- hospital public service and local public service — Definition
tion in the Combined Nomenclature — Chairmats) of ‘regulated profession’ — Professional experience — Article
39 EC)

(2004/C 300/25)
(2004/C 300/26)
(Language of the case: Danish)

(Language of the case: French)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-402/02: Commission of the European Communities
(Agents: M. Patakia and D. Martin) v French Republic (Agents:
In Case C-379/02: reference for a preliminary ruling under G. de Bergues and A. Colomb) — action under Article 226 EC
Article 234 EC from the Østre Landsret (Denmark), made by for failure to fulfil obligations, brought on 12 November 2002
order of 15 October 2002, received at the Court on 21 — the Court (Second Chamber), composed of: C.W.A. Timmer-
October 2002, in the proceedings between Skatteministeriet mans (Rapporteur), President of the Chamber, C. Gulmann, J.-P.
and Imexpo Trading A/S — the Court (Sixth Chamber), Puissochet, J.N. Cunha Rodrigues and F. Macken, Judges; A.
composed of: A. Borg Barthet, President of the Chamber, J.-P. Tizzano, Advocate General; R. Grass, Registrar, has given a
Puissochet (Rapporteur), and S. von Bahr, Judges; L.A. Geel- judgment on 7 October 2004, in which it: