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Case C-134/08: Judgment of the Court (Fifth Chamber) of 2 April 2009 (Reference for a preliminary ruling from the Bundesfinanzhof, Germany) — Hauptzollamt Bremen v J.E. Tyson Parketthandel GmbH hanse j. (Regulation (EC) No 2193/2003 — Additional customs duties on imports of certain products originating in the United States of America — Temporal scope — Article 4(2) — Products exported after the entry into force of that regulation for which it can be demonstrated that they were already on their way to the Community when those duties were first applied — Whether subject to duty)
ECLI:EU:UNKNOWN:62008CA0134
62008CA0134
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Official Journal of the European Union
C 141/17
(Case C-134/08)
(Regulation (EC) No 2193/2003 - Additional customs duties on imports of certain products originating in the United States of America - Temporal scope - Article 4(2) - Products exported after the entry into force of that regulation for which it can be demonstrated that they were already on their way to the Community when those duties were first applied - Whether subject to duty)
2009/C 141/28
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Hauptzollamt Bremen
Defendant: J.E. Tyson Parketthandel GmbH hanse j.
Re:
Reference for a preliminary ruling — Bundesfinanzhof — Interpretation of Article 4(2) of Council Regulation (EC) No 2193/2003 of 8 December 2003 establishing additional customs duties on imports of certain products originating in the United States of America (OJ 2003 L 328, p. 3) — Application of additional customs duties to products exported from the United States of America to the Community after the entry into force of that regulation for which it can be demonstrated that they were already on their way to the Community, with no possibility of changing their destination, when those duties were first applied
Operative part of the judgment
Article 4(2) of Council Regulation (EC) No 2193/2003 of 8 December 2003 establishing additional customs duties on imports of certain products originating in the United States of America must be interpreted in a manner consistent with its wording, namely that products for which it can be demonstrated that they are already on their way to the European Community on the date of entry into force of that regulation, and whose destination cannot be changed, are not to be subject to the additional duty.
* * *
(*1)
Language of the case: German.