# C_2019328EN.01002801.xml

| 30.9.2019 | EN | Official Journal of the European Union | C 328/28 |
| --- | --- | --- | --- |

30.9.2019

EN

Official Journal of the European Union

C 328/28

---

Request for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 16 July 2019 — Jebsen & Jessen (GmbH & Co.) KG v Hauptzollamt Hamburg

(Case C-543/19)

(2019/C 328/31)

Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Applicant: Jebsen & Jessen (GmbH & Co.) KG

Defendant: Hauptzollamt Hamburg

Questions referred

| 1. | Under the conditions of the dispute in the main proceedings, is the exemption from the anti-dumping duty introduced by Article 1 of Commission Implementing Regulation (EU) 2015/82 (1) pursuant to Article 2(1) of that regulation precluded if an undertaking invoice pursuant to Article 2(1)(b) of that regulation does not specify Implementing Decision (EU) 2015/87 (2) referred to in point 9 of the annex to that regulation, but specifies rather Decision 2008/899/EC? (3) |
| --- | --- |

1.

Under the conditions of the dispute in the main proceedings, is the exemption from the anti-dumping duty introduced by Article 1 of Commission Implementing Regulation (EU) 2015/82 (1) pursuant to Article 2(1) of that regulation precluded if an undertaking invoice pursuant to Article 2(1)(b) of that regulation does not specify Implementing Decision (EU) 2015/87 (2) referred to in point 9 of the annex to that regulation, but specifies rather Decision 2008/899/EC? (3)

| 2. | If Question 1 is answered in the affirmative: May an undertaking invoice that meets the requirements of the annex to Implementing Regulation (EU) 2015/82 be submitted in the context of a procedure for establishing whether anti-dumping duties are reimbursable in order to obtain exemption from the anti-dumping duty imposed in Article 1 of that regulation pursuant to Article 2(1) thereof? |
| --- | --- |

2.

If Question 1 is answered in the affirmative: May an undertaking invoice that meets the requirements of the annex to Implementing Regulation (EU) 2015/82 be submitted in the context of a procedure for establishing whether anti-dumping duties are reimbursable in order to obtain exemption from the anti-dumping duty imposed in Article 1 of that regulation pursuant to Article 2(1) thereof?

---

(1)  Commission Implementing Regulation (EU) 2015/82 of 21 January 2015 imposing a definitive anti-dumping duty on imports of citric acid originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 and of partial interim reviews pursuant to Article 11(3) of Regulation (EC) No 1225/2009 (OJ 2015 L 15, p. 8).

(2)  Commission Implementing Decision (EU) 2015/87 of 21 January 2015 accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of citric acid originating in the People’s Republic of China (OJ 2015 L 15, p. 75).

(3)  Commission Decision of 2 December 2008 accepting the undertakings offered in connection with the anti-dumping proceeding concerning imports of citric acid originating in the People's Republic of China (OJ 2008 L 323, p. 62).

---