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Case C-370/08: Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 13 August 2008 — Data I/O GmbH v Bundesfinanzdirektion Südost
ECLI:EU:UNKNOWN:62008CN0370
62008CN0370
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Official Journal of the European Union
C 285/24
(Case C-370/08)
(2008/C 285/38)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Data I/O GmbH
Respondent: Bundesfinanzdirektion Südost
Questions referred
1.Is Note 5(B) to Chapter 84 of the Combined Nomenclature of the Common Customs Tariff 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 the Annex to Commission Regulation (EC) No 1810/2004 of 7 September 2004, to be so interpreted that it allows an electrical adapter, which is designed to provide the electrical connection between an automatic programming machine and electrical components to be programmed, to be classified under heading 8471 of the Combined Nomenclature?
2.If this question is answered in the negative: is the aforementioned adapter then to be classified under heading 8471 of the Combined Nomenclature if it contains a so-called memory-chip, on which the programming process is stored and from which it can be retrieved?
(1) OJ 1987 L 256, p. 1.
(2) OJ 2004 L 327, p. 1.