Judgment — ECLI:EU:C:2017:298
Date: 2017-04-26
Language of the case: Dutch
Court formation: Eighth Chamber
Subject matter: External relations;Free movement of goods;Commercial policy;Common customs tariff;Customs Union
Procedure: Reference for a preliminary ruling;Reference for a preliminary ruling - decision unnecessary
Origin: Netherlands

Summary — Judgment of the Court (Eighth Chamber), 26 April 2017 Customs union — Common Customs Tariff — Tariff headings — Implant screws intended to be inserted in the human body for the treatment of fractures or the stabilisation of prostheses — Classification under heading 9021 of the Combined Nomenclature — Criteria (Council Regulation No 2658/87, Annex I, heading 9021) Heading 9021 of the Combined Nomenclature of the Common Customs Tariff 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 Implementing Regulation (EU) No 1101/2014 of 16 October 2014, must be interpreted as meaning that medical implant screws such as those at issue in the main proceedings fall under that heading as those goods have characteristics which distinguish them from ordinary goods by the finish of their manufacture and their high degree of precision, as well as by their method of manufacture and the specificity of their purpose. In particular, the fact that medical implant screws such as those at issue in the main proceedings can be inserted in the body only by means of specific medical tools, not by means of ordinary tools, is a characteristic to be taken into consideration in order to distinguish those medical implant screws from ordinary products. (see para. 57, operative part)