Official Journal of the European Union

C 399/15

(Case C-472/12)

2012/C 399/25

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Panasonic Italia SpA

Defendant: Agenzia delle Dogane

Questions referred

1.Primarily — was it necessary, before the entry into force of Regulation (EC) No 754/2004, to classify under heading 8471, or under heading 8528, a plasma colour monitor with a diagonal measurement of the screen of 106,6 centimetres, equipped with two loudspeakers and a remote control, and with an input device designed for the insertion of a video card (very inexpensive and easy to find and insert) which was not imported with the screen, but which, once inserted, meant that the monitor was capable of receiving composite AV video signals and could be connected, not only to automatic data-processing machines, but also to recording and reproducing apparatus, DVD players, video cameras and satellite receivers?

2.If the answer to Question 1 is in the negative, the Court of Justice is asked to assess and determine whether Regulation No 754/2004 actually requires a monitor of that type to be classified under heading 8528;

3.If the answer to Question 2 is affirmative, the Court is asked whether or not the provisions laid down in that regard by Regulation No 754/2004 have to be regarded as interpretative and, as such, as having retroactive effect save where earlier specific provisions to the contrary apply.

Commission Regulation (EC) No 754/2004 of 21 April 2004 concerning the classification of certain goods in the Combined Nomenclature (OJ 2004 L 118, p. 32).