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Valentina R., lawyer
(2021/C 110/20)
Language of the case: English
Applicant: Amoena Ltd
Defendant: The Commissioners for Her Majesty's Revenue & Customs
1.Are the terms ‘them’, ‘they’ and ‘their’ in paragraph 53 of the judgment (1) to be taken as referring to the brassieres or to the breast forms?
2.Does the second sentence of paragraph 53 suggest a test different to that identified in paragraph 51 of the Amoena Decision, and derived from the HS explanatory note to heading 8473, by requiring that the brassieres (i.e. the potential accessory) must allow the breast forms to perform a function other than that for which ‘they’ (presumably, the breast forms) are designed, or instead only intend to apply the test identified in paragraph 51, which requires the brassieres to perform a service relative to the main function of the breast form?
(1) C-677/18, Amoena, judgment of 19/12/2019 (ECLI:EU:C:2019:1142)
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