62020CO0706_INF
Order of the Court (Tenth Chamber) of 3 September 2021 – Amoena II
(Case C‑706/20) (
1
)
(Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Common Customs Tariff – Tariff classification – Combined Nomenclature – Headings 6212 and 9021 – Mastectomy bras – Implementing Regulation (EU) 2017/1167 – Notion of ‘accessories’ – Interpretation of the judgment of 19 December 2019, Amoena (C‑677/18, EU:C:2019:1142))
Customs union – Common Customs Tariff – Tariff headings – Chapter 90 of the Combined Nomenclature – Notion of breast form accessories for the purposes of that chapter – Criteria for assessment – Mastectomy bras – Not included
(Council Regulation No 2658/87, as amended by Regulation No 2016/1821, Annex I, Chapter 90)
(see paras 33-37)
Operative part
1.
Paragraph 53 of the judgment of 19 December 2019, Amoena (C‑677/18, EU:C:2019:1142), in the English-language version, must be interpreted as meaning that:
–
in the first sentence of that paragraph, the terms ‘them’ and ‘their’ refer to the breast forms and the term ‘they’ refers to the mastectomy bras;
–
in the second sentence of that paragraph, the term ‘their’ and the first two occurrences of the term ‘they’ refer to the mastectomy bras, whereas the last occurrence of the term ‘they’ refers to the breast forms.
2.
In the second sentence of paragraph 53 of the judgment of 19 December 2019, Amoena (C‑677/18, EU:C:2019:1142), the Court, in order to determine whether the mastectomy bras may be regarded as breast form ‘accessories’ for the purposes of Chapter 90 of the Combined Nomenclature, set out 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) 2016/1821 of 6 October 2016 merely applied the test defined in paragraph 51 of that judgment, according to which interchangeable parts or devices which enable a machine to perform a particular service relative to its main function must be classified as ‘accessories’ for the purposes of that chapter.
(
1
)	OJ C 110, 29.3.2021.