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C 179/6 EN Official Journal of the European Union 3.7.

2010

2. Examination of the second question has not revealed anything from a programming machine to the electronic components to
which might affect the validity of Article 16 of Regulation be programmed and containing a memory chip ensuring the
No 318/2006. storage of the programming process — Possibility of classifi­
cation under heading 8471 of the Combined Nomenclature

(1) OJ C 285, 8.11.2008.


Operative part of the judgment
An adapter, such as that at issue in the main proceedings, which
performs the functions of the electrical connection between the
programming machine and the components to be programmed and
of the storage of the programming process, which can be retrieved later,
fulfils the condition set out in Note 5(B)(c) to Chapter 84 of the
Combined Nomenclature in Annex I to Council Regulation (EEC) No
Judgment of the Court (Second Chamber) of 20 May 2010 2658/87 of 23 July 1987 on the tariff and statistical nomenclature
(reference for a preliminary ruling from the and on the Common Customs Tariff, as amended by Commission
Bundesfinanzhof (Germany)) — Data I/O GmbH v Regulation (EC) No 1810/2004 of 7 September 2004 and must
Hauptzollamt Hannover, formerly Bundesfinanzdirektion be classified under heading 8471 thereof as a ‘unit’ of an automatic
Südost data-processing machine, in so far as its main function is to carry out
data-processing. Where that function is absent, such an adapter must
(Case C-370/08) (1) be classified under heading 8473 of the Combined Nomenclature as a
‘part’ or ‘accessory’ of a machine, as the case may be, if it is either
(Common Customs Tariff — Tariff classification — essential to the functioning of that machine or constitutes a part or
Combined Nomenclature — Chapter 84, Note 5(B) — device designed to adapt a machine for a particular operation or an
Adapter containing a memory-chip and designed to provide element to perform a particular service relative to the main function of
the electrical connection between an automatic programming that machine, which it is for the referring court to determine. Where
machine and electrical components to be programmed — that adapter cannot be classified under either of the abovementioned
Headings 8471, 8473 and 8536) headings, it must be considered to be an ‘electrical apparatus for
making connections to or in electrical circuits’, and consequently to
(2010/C 179/08) fall under heading 8536 of the Combined Nomenclature

Language of the case: German

Referring court (1) OJ C 285, 8.11.2008.


Bundesfinanzhof

Parties to the main proceedings


Applicant: Data I/O GmbH Judgment of the Court (First Chamber) of 20 May 2010
(reference for a preliminary ruling from the
Oberlandesgericht Oldenburg (Germany)) — Arnold und
Johann Harms als Gesellschaft bürgerlichen Rechts v
Freerk Heidinga
Defendant: Hauptzollamt Hannover, formerly Bundesfinanzdi­
rektion Südost (Case C-434/08) (1)

(Common agricultural policy — Integrated administration and


control system for certain aid schemes — Regulation (EC) No
1782/2003 — Single payment scheme — Transfer of
Re: payment entitlements — Definitive transfer)

Reference for a preliminary ruling — Bundesfinanzhof — Inter­ (2010/C 179/09)


pretation of Note 5(B) to Chapter 84 of the Combined Nomen­
clature of the Common Customs Tariff in Annex I to Council
Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and Language of the case: German
statistical nomenclature and on the Common Customs Tariff
(OJ 1987 L 256, p. 1), as amended by Commission Regulation Referring court
(EC) No 1810/2004 of 7 September 2004 (OJ 2004 L 327,
p. 1) — Electrical adapter ensuring the transmission of data Oberlandesgericht Oldenburg
3.7.2010 EN Official Journal of the European Union C 179/7

Parties to the main proceedings Judgment of the Court (Grand Chamber) of 4 May 2010
(reference for a preliminary ruling from the Hoge Raad der
Applicants: Arnold und Johann Harms als Gesellschaft bürger­ Nederlanden (Netherlands)) — TNT Express Nederland B.V.
lichen Rechts v AXA Versicherung AG

(Case C-533/08) (1)

(Judicial cooperation in civil and commercial matters — Juris­


Defendant: Freerk Heidinga diction and recognition and enforcement of judgments —
Regulation (EC) No 44/2001 — Article 71 — Conventions
concluded by the Member States in relation to particular
matters — Convention on the Contract for the International
Carriage of Goods by Road (CMR))
Re:
(2010/C 179/10)
Reference for a preliminary ruling — Oberlandesgericht
Oldenburg — Interpretation of Article 46(2) of Council Regu­ Language of the case: Dutch
lation (EC) No 1782/2003 of 29 September 2003 establishing
common rules for direct support schemes under the common
agricultural policy and establishing certain support schemes for Referring court
farmers and amending Regulations (EEC) No 2019/93, (EC)
No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, Hoge Raad der Nederlanden
(EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC)
No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ
2007 L 270, p. 1) — Contractual clause, inserted into an
agreement intended outwardly to effect a complete and
definitive transfer of payment entitlements, according to Parties to the main proceedings
which the transferee, as the formal owner of payment
entitlements, is to activate those payment entitlements Appellant: TNT Express Nederland B.V.
through cultivation of the corresponding land, but is to pass
on to the seller a part of the payments received

Respondent: AXA Versicherung AG

Operative part of the judgment


Council Regulation (EC) No 1782/2003 of 29 September 2003
establishing common rules for direct support schemes under the Re:
common agricultural policy and establishing certain support schemes Reference for a preliminary ruling — Hoge Raad der Neder­
for farmers and amending Regulations (EEC) No 2019/93, (EC) landen — Interpretation of Article 71(1) and (2)(a) and (b),
No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, second subparagraph, of Council Regulation (EC) No 44/2001
(EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, of 22 December 2000 on jurisdiction and the recognition and
(EC) No 1673/2000, (EEC) No 2358/71 and (EC) enforcement of judgments in civil and commercial matters
No 2529/2001 must be interpreted as not precluding a contractual (‘Brussels I’) (OJ 2001 L 12, p. 1) — Relationship with the
arrangement, such as that at issue in the main proceedings, the object Convention on the Contract for the International Carriage of
of which is to effect a definitive transfer of payment entitlements Goods by Road (CMR), signed at Geneva on 19 May 1956 —
whereby the transferee, in his capacity as the person entitled to Lis pendens — Rules on concurrence
them, is to activate the payment entitlements and to pass on to the
transferor, without any limit in time, the full amount, or a part
thereof, of the payments received on that basis, provided that the
purpose of such an arrangement is not to permit the transferor to
retain a part of the payment entitlements which he has formally
transferred, but to determine, by reference to the value of that part Operative part of the judgment
of the payment entitlements, the agreed price for the transfer of all the 1. Article 71 of Council Regulation (EC) No 44/2001 of 22
payment entitlements. December 2000 on jurisdiction and the recognition and
enforcement of judgments in civil and commercial matters must
be interpreted as meaning that, in a case such as the main
proceedings, the rules governing jurisdiction, recognition and
enforcement that are laid down by a convention on a particular
matter, such as the lis pendens rule set out in Article 31(2) of the
(1) OJ C 44, 21.2.2009. Convention on the Contract for the International Carriage of
Goods by Road, signed at Geneva on 19 May 1956, as
amended by the Protocol signed at Geneva on 5 July 1978,
and the rule relating to enforceability set out in Article