Avis juridique important
Judgment of the Court (Second Chamber) of 13 July 1989. - Chimica del Friuli SpA and others v Amministrazione delle finanze dello Stato. - References for a preliminary ruling: Tribunale civile e penale di Venezia - Italy. - Favourable tariff arrangements upon importation - End-use - Authorization. - Joined cases 248/88, 254 to 258/88, 309/88 and 316/88.
European Court reports 1989 Page 02837
Pub.RJ Page Pub somm
Summary
Parties
Operative part
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Common Customs Tariff - Eligibility for a favourable tariff arrangement by reason of their end-use of the goods concerned - Transfer of the goods within the Community - Obligation for the transferee to hold the authorization prescribed by the Community rules
( Commission Regulation No 1535/77, Arts 3 and 7 )
SummaryArticle 7 of Regulation No 1535/77 determining the conditions under which certain goods are eligible upon importation for a favourable tariff arrangement by reason of their end-use must be interpreted as meaning that when goods are transferred within the Community the transferee must hold an authorization granted in accordance with Article 3 of that regulation, whether the transfer takes place between one Member State and another or within the same Member State; that interpretation is consistent with the scheme of the regulation, which is designed to secure strict supervision of the end-use of the goods, and that supervision is effected by means of the said authorization .
PartiesIn Joined Cases 248/88, 254/88 to 258/88, 309/88 and 316/88
REFERENCE to the Court under Article 177 of the EEC Treaty by the tribunale civile e penale ( Civil and Criminal District Court ), Venice, for a preliminary ruling in the proceedings pending before that court between
1 . Chimica del Friuli SPA, a company incorporated under Italian law, having its registered office at Torviscosa ( Case 248/88 ),
2 . Carburanti & Succedanei SRL, a company incorporated under Italian law, having its registered office at Canzo di Peschiera Borromeo ( Case 254/88 ),
3 . Colorificio Bevini SRL, a company incorporated under Italian law, having its registered office at Modena ( Case 255/88 ),
4 . Ditta Alkim SNC, a partnership governed by Italian law, based at Sergnano ( Case 256/88 ),
5 . Cambiaghi Giuseppe SAS, a limited partnership governed by Italian law, based at Milan ( Case 257/88 ),
6 . Angelo Muggia & Figlio, an undertaking established at Bologna ( Case 258/88 ),
7 . Conserchimica SRL, a company incorporated under Italian law, having its registered office at Venice ( Case 309/88 ),
8 . SAI - Società Approvvigionamenti Industriali - SPA, a company incorporated under Italian law, having its registered office at Milan ( Case 316/88 ),
and
Amministrazione delle finanze dello Stato ( Ministry of Finance ),
on the interpretation of Commission Regulation No 1535/77 of 4 July 1977 determining the conditions under which certain goods are eligible upon importation for a favourable tariff arrangement by reason of their end-use,
THE COURT ( Second Chamber )
composed of : T.F . O' Higgins, President of the Chamber, G.F . Mancini and F.A . Schockweiler, Judges
( The grounds of the judgment are not reproduced )
in answer to the question referred to it by the tribunale civile e penale, Venice, by orders of 5 May, 19 May, 26 May and 23 June 1988, hereby rules :
Operative partArticle 7 of Commission Regulation No 1535/77 of 4 July 1977 determining the conditions under which certain goods are eligible upon importation for a favourable tariff arrangement by reason of their end-use must be interpreted as meaning that when goods are transferred the transferee must hold an authorization granted in accordance with Article 3 of that regulation, whether the transfer takes place between one Member State and another or within the same Member State .
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