Opinion of the Advocate General — ECLI:EU:C:1998:388
Date: 1998-07-16
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Free movement of goods;Common customs tariff;Customs Union;Eggs and poultry
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment
Agriculture — Common organisation of the markets — Poultrymeat — Export refunds — Clas­
sification in the ad hoc nomenclature of products consisting of cut pieces
(Commission Regulation No 3846/87)
Poultry cuts made up of two hind quarters of
a fowl still attached to one another by the
skin of the back constitute 'quarters' (code
0207 41 11 000) within the meaning of the
nomenclature of agricultural products for
export refunds established by Regulation No
3846/87.
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SUMMARY— CASE C-290/97
First, because of their composition, the prod­
ucts in question correspond exactly to the
definition of hind quarters in accordance with
the general rules for the interpretation of the
combined nomenclature, with one difference,
namely that, because of the way in which
they are cut, the two quarters are not wholly
separated; secondly, that fact does not affect
the product's essential characteristic — within
the meaning of general rule 2(a) for the inter­
pretation of the combined nomenclature —
of being constituted of two hind quarters of
chicken.
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