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Case C-567/23, BG Technik II: Request for a preliminary ruling from the Krajský soud v Ostravě (Czech Republic) lodged on 13 September 2023 — BG Technik cs, a.s v Generální ředitelství cel
ECLI:EU:UNKNOWN:62023CN0567
62023CN0567
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Official Journal of the European Union
Series C
C/2023/1130
4.12.2023
(Case C-567/23, BG Technik II)
(C/2023/1130)
Language of the case: Czech
Referring court
Parties to the main proceedings
Applicant: BG Technik cs, a.s
Defendant: Generální ředitelství cel
Question referred
May an electric carriage with the following properties:
—Two axels with rear-axle drive;
—Two sets of tyres, with the rear tyres being larger to prevent tipping over;
—The carriage is controlled with closed oval-shaped handlebars on a separate steering column fitted with control features and adapted for controlling the steering and speed with one hand;
—The carriage is fitted with an electromagnetic brake on the rear wheels;
—The dimensions of the carriage are 122 x 63 x 125 cm (l-w-h) — the height is measured with the seat in the operating position;
—Adjustable and rotating seat with supports;
—Horizontal platform connecting the front and rear sections of the carriage;
—Electric motor with an output of 800 W, enabling a speed of up to 15 km per hour and a range of up to 45 km;
be classified under heading 8713 90 00 of the Combined Nomenclature despite Commission Implementing Regulation (EU 2021/1367) (1) of 6 August 2021?
Commission Implementing Regulation (EU) 2021/1367 of 6 August 2021 concerning the classification of certain goods in the Combined Nomenclature (OJ 2021 L 294, p. 1).
ELI: http://data.europa.eu/eli/C/2023/1130/oj
ISSN 1977-091X (electronic edition)
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