15.9.2014

EN

Official Journal of the European Union

C 315/37

(Case C-294/14)

2014/C 315/60

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: ADM Hamburg AG

Defendant: Hauptzollamt Hamburg-Stadt

Question referred

Is the factual condition laid down in the first sentence of Article 74(1) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, as amended by Commission Regulation (EU) No 1063/2010 of 18 November 2010, whereby the products declared for release for free circulation in the European Union must be the same products as exported from the beneficiary country in which they are considered to originate, fulfilled in a case such as the present case, where several part-consignments of crude palm kernel oil are exported from different GSP exporting countries from those in which they are considered to originate and imported into the European Union not as physically separate consignments, but are all exported after being poured into the same tank of the cargo vessel and imported as a mixture in that tank into the European Union, such that it can be ruled out that other products (not enjoying preferential treatment) have been put into the tank of the cargo vessel during the time the products were being transported until they were released for free circulation?

Language of the case: German

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(1) OJ 1993 L 253, p. 1.

(2) OJ 2010 L 307, p. 1.