Chimica del Friuli SpA and others v Amministrazione delle finanze dello Stato. [1989] EUECJ R-248/88 (13 July 1989)

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Court of Justice of the European Communities (including Court of First Instance Decisions)

You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Chimica del Friuli SpA and others v Amministrazione delle finanze dello Stato. [1989] EUECJ R-248/88 (13 July 1989)
URL: http://www.bailii.org/eu/cases/EUECJ/1989/R24888.html
Cite as: [1989] EUECJ R-248/88

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IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.

61988J0248
Judgment of the Court (Second Chamber) of 13 July 1989.
Chimica del Friuli SpA and others v Amministrazione delle finanze dello Stato.
References for a preliminary ruling: Tribunale civile e penale di Venezia - Italy.
Favourable tariff arrangements upon importation - End-use - Authorization.
Joined cases 248/88, 254 to 258/88, 309/88 and 316/88.
European Court reports 1989 Page 02837
Pub.RJ Page Pub somm

++++
Common Customs Tariff - Eligibility for a favourable tariff arrangement by reason of their end-use of the goods concerned - Transfer of the goods within the Community - Obligation for the transferee to hold the authorization prescribed by the Community rules
( Commission Regulation No 1535/77, Arts 3 and 7 )

Article 7 of Regulation No 1535/77 determining the conditions under which certain goods are eligible upon importation for a favourable tariff arrangement by reason of their end-use must be interpreted as meaning that when goods are transferred within the Community the transferee must hold an authorization granted in accordance with Article 3 of that regulation, whether the transfer takes place between one Member State and another or within the same Member State; that interpretation is consistent with the scheme of the regulation, which is designed to secure strict supervision of the end-use of the goods, and that supervision is effected by means of the said authorization .

In Joined Cases 248/88, 254/88 to 258/88, 309/88 and 316/88
REFERENCE to the Court under Article 177 of the EEC Treaty by the tribunale civile e penale ( Civil and Criminal District Court ), Venice, for a preliminary ruling in the proceedings pending before that court between
1 . Chimica del Friuli SPA, a company incorporated under Italian law, having its registered office at Torviscosa ( Case 248/88 ),
2 . Carburanti & Succedanei SRL, a company incorporated under Italian law, having its registered office at Canzo di Peschiera Borromeo ( Case 254/88 ),
3 . Colorificio Bevini SRL, a company incorporated under Italian law, having its registered office at Modena ( Case 255/88 ),
4 . Ditta Alkim SNC, a partnership governed by Italian law, based at Sergnano ( Case 256/88 ),
5 . Cambiaghi Giuseppe SAS, a limited partnership governed by Italian law, based at Milan ( Case 257/88 ),
6 . Angelo Muggia & Figlio, an undertaking established at Bologna ( Case 258/88 ),
7 . Conserchimica SRL, a company incorporated under Italian law, having its registered office at Venice ( Case 309/88 ),
8 . SAI - Società Approvvigionamenti Industriali - SPA, a company incorporated under Italian law, having its registered office at Milan ( Case 316/88 ),
and
Amministrazione delle finanze dello Stato ( Ministry of Finance ),
on the interpretation of Commission Regulation No 1535/77 of 4 July 1977 determining the conditions under which certain goods are eligible upon importation for a favourable tariff arrangement by reason of their end-use,
THE COURT ( Second Chamber )
composed of : T.F . O' Higgins, President of the Chamber, G.F . Mancini and F.A . Schockweiler, Judges
( The grounds of the judgment are not reproduced )
in answer to the question referred to it by the tribunale civile e penale, Venice, by orders of 5 May, 19 May, 26 May and 23 June 1988, hereby rules :

Article 7 of Commission Regulation No 1535/77 of 4 July 1977 determining the conditions under which certain goods are eligible upon importation for a favourable tariff arrangement by reason of their end-use must be interpreted as meaning that when goods are transferred the transferee must hold an authorization granted in accordance with Article 3 of that regulation, whether the transfer takes place between one Member State and another or within the same Member State .

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	Court of Justice of the European Communities (including Court of First Instance Decisions)
You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Chimica del Friuli SpA and others v Amministrazione delle finanze dello Stato. [1989] EUECJ R-248/88 (13 July 1989) URL: http://www.bailii.org/eu/cases/EUECJ/1989/R24888.html Cite as: [1989] EUECJ R-248/88