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Case C-772/19: Judgment of the Court (Ninth Chamber) of 25 February 2021 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Bartosch Airport Supply Services GmbH v Zollamt Wien (Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Tariff classification — Tariff heading 8701 and Tariff heading 8705 — Interpretation — Aircraft tractor)

ECLI:EU:UNKNOWN:62019CA0772

62019CA0772

February 25, 2021
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Official Journal of the European Union

C 138/9

(Case C-772/19) (<span class="oj-super oj-note-tag">1</span>)

(Reference for a preliminary ruling - Common Customs Tariff - Combined Nomenclature - Tariff classification - Tariff heading 8701 and Tariff heading 8705 - Interpretation - Aircraft tractor)

(2021/C 138/11)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Bartosch Airport Supply Services GmbH

Defendant: Zollamt Wien

Operative part of the judgment

The Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Implementing Regulation (EU) No 2016/1821 of 6 October 2016, must be interpreted as meaning that heading 8705 of that nomenclature does not cover vehicles designed to tow and push aircraft, referred to as ‘aircraft tractors’, since those aircraft tractors fall within heading 8701 of that nomenclature.

(<span class="oj-super">1</span>) OJ C 27, 27.1.2020.

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