Official Journal of the European Union

C 103/7

(Case C-11/10) (<span class="super">1</span>)

(Reference for a preliminary ruling - Regulation (EEC) No 2658/87 - Common Customs Tariff - Customs duties - Relief - Pharmaceutical substances - Composition - Restrictions)

2011/C 103/10

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Staatssecretaris van Financiën

Defendant: Marishipping and Transport BV

Re:

Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) — Interpretation of 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 (OJ 1987 L 256, p. 1) — Pharmaceutical substances exempted from customs duties — Substance not presented in its pure form — Restrictions

Operative part of the judgment

Part One, Section II, C, 1(i) of 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 Regulations (EC) Nos 2031/2001 of 6 August 2001 and 1832/2002 of 1 August 2002, must be interpreted as meaning that a pharmaceutical substance listed in Annex 3 of Part Three of Annex I, to which other substances have been added, in particular pharmaceutical substances, no longer qualifies for the duty-free treatment which would have applied if such a substance had been in its pure form.

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Language of the case: Dutch.

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(<span class="super">1</span>) OJ C 80, 27.3.2010.