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Judgment of the Court (First Chamber) of 28 February 1989. # International Container et Transport (ICT) and BFI Électronique SA v Direction Générale des Douanes et Droits Indirects de Roissy. # Reference for a preliminary ruling: Tribunal d'instance d'Aulnay-sous-Bois - France. # Common Customs Tariff - Electronic components testers. # Case 19/88.

ECLI:EU:C:1989:103

61988CJ0019

February 28, 1989
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Avis juridique important

61988J0019

European Court reports 1989 Page 00577 Pub.RJ Page Pub somm

Summary

Common Customs Tariff - Headings - "Apparatus for measuring electrical quantities" within the meaning of subheading 90.28 A II ( a ) - Apparatus intended for checking electronic components for conformity - Exclusion

Apparatus for measuring electrical quantities within the meaning of subheading 90.28 A II ( a ) of the Common Customs Tariff does not include apparatus which effects such measurements only for the purpose of checking electronic components for conformity.

Parties

In Case 19/88

REFERENCE to the Court under Article 177 of the EEC Treaty by the tribunal d' instance ( District Court ), Aulnay-sous-Bois ( France ), for a preliminary ruling in the proceedings pending before that Court between

International Container et Transport ( ICT ), a company constituted under French law, whose registered office is at the Charles de Gaulle Airport ( Roissy-en-France ),

BFI Electronique SA, a company constituted under French law, whose registered office is in Paris,

Direction générale des douanes et droits indirects, Roissy-en-France,

on the interpretation of subheading 90.28 A II ( a ) of the Common Customs Tariff,

THE COURT ( First Chamber ),

composed of : R . Joliet, President of Chamber, Sir Gordon Slynn and G . C . Rodríguez Iglesias, Judges,

( the grounds of the judgment are not reproduced )

in answer to the question referred to it by the tribunal d' instance, Aulnay-sous-Bois, by judgment of 23 July 1987,

hereby rules :

Operative part

Apparatus for measuring electrical quantities within the meaning of subheading 90.28 A II ( a ) of the Common Customs Tariff does not include apparatus which effects such measurements only for the purpose of checking electronic components for conformity.

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