FROM THE SELLER , MANAGING THE STOCK AND DISTRIBUTING THE GOODS TO CUSTOMERS AND IN PARTICULAR TO DISTRIBUTORS OF THE GOODS SOLD UNDER THE TRADE-MARK OF THE PARENT BODY .
11 IN THE PREAMBLE TO THE QUESTIONS THE COURT STRESSES THAT IT IS ASSUMING THAT THE BRANCH IS ESTABLISHED IN THE CUSTOMS TERRITORY OF THE COMMUNITY AND HAS A LARGE MEASURE OF INDEPENDENCE IN ITS OPERATIONS ; THAT IT IS ENTERED IN THE COMMERCIAL REGISTER IN THE MEMBER STATE IN WHICH IT IS ESTABLISHED AND CONSTITUTES A BRANCH WITHIN THE MEANING OF THE COMPANY LAW OF THAT COUNTRY ; THAT IT HAS ALL THE CHARACTERISTICS OF A PERMANENT ESTABLISHMENT WITHIN THE MEANING OF THE FISCAL LAW OF THE COUNTRY WHERE IT IS ESTABLISHED AND THE DOUBLE TAXATION AGREEMENTS OF THE OECD TYPE . IT IS MOREOVER TREATED AS A PERMANENT ESTABLISHMENT BY THAT COUNTRY , WHICH LEVIES DIRECT TAXATION ON THE INCOME ARISING FROM ITS ACTIVITIES AS A BRANCH . FOR THAT REASON IT KEEPS SEPARATE ACCOUNTS AS IF IT HAD SEPARATE PERSONALITY .
12 ACCORDING TO ITS RECITALS REGULATION NO 603/72 ASSUMES THAT THE CONCEPT OF THE NORMAL PRICE IMPLIES A SALE CONCLUDED WITH A VIEW TO THE IMPORTATION OF THE GOODS INTO THE CUSTOMS TERRITORY OF THE COMMUNITY AND THEIR INTEGRATION IN THE ECONOMY OF THAT TERRITORY AND THAT ACCORDINGLY THE FACTS NECESSARY FOR THE PRACTICAL APPLICATION OF SUCH PRINCIPLES CAN BE ESTABLISHED ONLY IF THE PRICE PAID OR PAYABLE WHICH IS DECLARED AS A BASIS FOR DETERMINING THE VALUE FOR CUSTOMS PURPOSES IS MADE TO A BUYER ESTABLISHED IN THE CUSTOMS TERRITORY OF THE COMMUNITY , THAT IS TO SAY , A BUYER WHO HAS HIS RESIDENCE OR PLACE OF BUSINESS THEREIN .
13 IT FOLLOWS THAT THE AIM OF ARTICLE 1 OF REGULATION NO 603/72 IS TO ALLOW THE CUSTOMS AUTHORITIES TO CARRY OUT THE NECESSARY INSPECTIONS AND CHECKS FOR APPLYING REGULATION NO 803/68 . THAT PROVISION TAKES AS BASIS THE SALE TO A BUYER ESTABLISHED IN THE CUSTOMS TERRITORY OF THE COMMUNITY AND THEREFORE CONTEMPLATES THE POSITION IN WHICH THE BUYER HAS A GENUINE PLACE OF BUSINESS IN THAT TERRITORY .
14 TO MEET THAT REQUIREMENT IT IS NOT NECESSARY THAT THE REGISTERED OFFICE OF THE BUYER IN THE CASE OF A COMPANY SHOULD BE IN THE CUSTOMS TERRITORY OF THE COMMUNITY . IT SUFFICES THAT THE BUYER HAS AN ESTABLISHMENT THERE WHICH CARRIES ON ACTIVITIES SUCH AS MAY BE EXERCISED BY AN INDEPENDENT UNDERTAKING IN THE SAME SECTOR AND HAS ITS OWN ACCOUNTS ALLOWING THE CUSTOMS AUTHORITIES TO CARRY OUT THE NECESSARY INSPECTIONS AND CHECKS .
15 THE APPROPRIATE ANSWER TO THE FIRST QUESTION AT ( B ) IS THEREFORE THAT ARTICLE 1 OF REGULATION NO 603/72 MUST BE INTERPRETED AS MEANING THAT A BUYER IS ESTABLISHED IN THE CUSTOMS TERRITORY OF THE COMMUNITY WHEN HE HAS A GENUINE PLACE OF BUSINESS THERE . A COMPANY WHOSE REGISTERED OFFICE IS OUTSIDE THAT TERRITORY MEETS THE REQUIREMENT WHEN IT HAS INSIDE THAT TERRITORY AN ESTABLISHMENT