Judgment — ECLI:EU:C:2014:243
Date: 2014-04-09
Language of the case: Hungarian
Court formation: Second Chamber
Subject matter: Dumping;External relations;Free movement of goods;Commercial policy;Common customs tariff;Customs Union
Procedure: Reference for a preliminary ruling
Origin: Hungary

Summary — Judgment of the Court (Second Chamber), 9 April 2014 1. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Classification of goods in the tariff headings of the Common Customs Tariff (Art. 267 TFEU) 2. Customs union — Common Customs Tariff — Tariff headings — Classification of goods — Criteria — Characteristics and objective properties 3. Customs union — Common Customs Tariff — Classification of goods — Criteria — Objective characteristics — Scope — Destination of the article — Included 4. Customs union — Common Customs Tariff — Tariff headings — Open mesh fabrics of glass fibres — Classification in TARIC sub-heading 7019 59 00 10 (Council Regulation No 2658/87, Art. 2) 5. Customs union — Common Customs Tariff — Tariff headings — Uniform interpretation — Consideration of different language versions (Council Regulation No 2658/87, Art. 2) 1. See the text of the decision. (see paras 36, 37) 2. See the text of the decision. (see para. 38) 3. See the text of the decision. (see para. 43) 4. The Integrated Tariff of the European Communities established by Article 2 of Regulation No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff must be interpreted as meaning that Code 7019 59 00 10 thereof covers products comprising fabrics of glass fibres with openings of a cell size of 4 mm both in length and in width and weighing more than 35 g/m2 and intended for the field of construction. (see para. 46, operative part 1) 5. The fact that the product covered by the customs declaration at issue in the main proceedings, while corresponding to the characteristics laid down in code 7019 59 00 10 of the Integrated Tariff of the European Communities established by Article 2 of Regulation No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff and set out in the regulations subjecting it to anti-dumping duties, does not correspond to the designation given to it in that code and those regulations as published in the language of the Member State of origin of the declarant and on which alone the latter based its declaration is not liable to entail the annulment of its tariff classification under that code made by the customs authorities on the basis of all the other language versions of that code and those regulations. The wording used in one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision, or, in that regard, be made to override the other language versions, since EU provisions must be interpreted and applied uniformly in the light of the versions existing in all EU languages. (see paras 48, 53, operative part 2)