Judgment — ECLI:EU:C:2012:558
Date: 2012-09-06
Language of the case: Dutch
Court formation: Sixth Chamber
Subject matter: Free movement of goods;Common customs tariff;Customs Union
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary — Judgment of the Court (Sixth Chamber), 6 September 2012 1. Customs union — Common Customs Tariff — Tariff headings — Classification of goods — Criteria — Characteristics and objective properties of the product 2. Customs union — Common Customs Tariff — Tariff headings — Classification of goods — Criteria — Heading which provides the most specific description preferred to headings providing a more general description (Council Regulation No 2658/87, Annex I) 3. Customs union — Common Customs Tariff — Tariff headings — Interpretation — Explanatory Notes to the Combined Nomenclature — Requirement that they be compatible with the provisions of the Combined Nomenclature 4. Customs union — Common Customs Tariff — Tariff headings — Romper bags suitable for young children not exceeding 86 cm — Classification under subheading 6209 20 00 of the Combined Nomenclature — Romper bags suitable for young children exceeding 86 cm — Classification under subheadings 6211 42 90 of the Combined Nomenclature (Council Regulation No 2658/87, Annex I, as amended by Commission Regulation No 1719/2005, Subheadings 6209 20 00 and 6211 42 90) 1. See the text of the decision. (see para. 23) 2. See the text of the decision. (see para. 30) 3. See the text of the decision. (see para. 33) 4. The Combined Nomenclature forming Annex I to Regulation No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Regulation No 1719/2005, must be interpreted as meaning that romper bags intended for babies must be classified under subheading 6209 20 00 as ‘babies’ garments and clothing accessories, of cotton’ if, on account of their size, they are suitable for young children of a body height not exceeding 86 cm. If that is not the case, those products must be classified under subheading 6211 42 90 as ‘other garments, women’s or girls’, of cotton’. (see para. 35, operative part)