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Case C-423/09: Judgment of the Court (Fifth Chamber) of 28 October 2010 (reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) — Staatssecretaris van Financiën v X BV (Common Customs Tariff — Tariff classification — Combined Nomenclature — Dried vegetables (garlic bulbs) from which not all moisture has been removed)
ECLI:EU:UNKNOWN:62009CA0423
62009CA0423
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18.12.2010
Official Journal of the European Union
C 346/19
(Case C-423/09) (<span class="super">1</span>)
(Common Customs Tariff - Tariff classification - Combined Nomenclature - Dried vegetables (garlic bulbs) from which not all moisture has been removed)
2010/C 346/31
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Staatssecretaris van Financiën
Defendant: X BV
Re:
Reference for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Commission Regulation (EC) No 1789/2003 of 11 September 2003 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 2003 L 281, p. 1) and of Commission Regulation (EC) No 1810/2004 of 7 September 2004 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 2004 L 327, p. 1) — Tariff classification of dried vegetables (garlic bulbs), from which not all of the moisture has been removed and which are imported in a chilled state
Operative part of the judgment
The Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 1810/2004 of 7 September 2004, must be interpreted as meaning that garlic which has undergone an intensive drying process in accordance with a specific treatment as a result of which all, or almost all, of the moisture in the product is removed comes under tariff subheading 0712 90 90 of the Combined Nomenclature, but that partially dried garlic which retains the properties and characteristics of fresh garlic comes under tariff subheading 0703 20 00 of the Combined Nomenclature.
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Language of the case: Dutch.