12.4.2008

Official Journal of the European Union

C 92/19

(Case C-56/08)

(2008/C 92/36)

Language of the case: Estonian

Referring court

Parties to the main proceedings

Applicant: Pärlitigu OÜ

Defendant: Maksu- ja Tolliameti Põhja maksu- ja tollikeskus

Questions referred

(1) Must the Combined Nomenclature for the Common Customs Tariff which forms Annex I to Council Regulation (EEC) No 2658/87 (1) of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff be interpreted as meaning that frozen backbones (bones with fish meat) of farmed Atlantic salmon (Salmo salar), obtained after filleting the fish, fit for human consumption and normally marketed as a foodstuff, come under

(a) subheading 0511 91 10, ‘fish waste’,

(b) subheading 0303220015, ‘Atlantic salmon (Salmo salar) — other — other’?

(2) If the answer to Question 1 is alternative (b), is the table in Article 1(5) of Council Regulation (EC) No 85/2006 (2) of 17 January 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of farmed salmon originating in Norway void as contrary to the principle of proportionality laid down in Article 5 of the EC Treaty in so far as, according to that table, the minimum import price established for frozen salmon backbones is higher than the minimum import price for whole fish and gutted head-on fish?

* * *

(1) OJ 1987 L 256, p. 1.

(2) OJ 2006 L 15, p. 1.