CELEX: 62013CN0267
Language: en
Date: 2013-05-15 00:00:00
Title: Case C-267/13: Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 15 May 2013 — Nutricia NV; other party: Staatssecretaris van Financiën

20.7.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 207/30
            
         Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 15 May 2013 — Nutricia NV; other party: Staatssecretaris van Financiën
   (Case C-267/13)
   2013/C 207/49
   Language of the case: Dutch
   
      Referring court
   
   Hoge Raad der Nederlanden
   
      Parties to the main proceedings
   
   
      Appellant: Nutricia NV
   
      Other party: Staatssecretaris van Financiën
   
      Questions referred
   
   
               1.
            
            
               Must the concept of ‘medicament’ within the meaning of heading 3004 of the Combined Nomenclature be interpreted as also including food preparations such as the products at issue, which are intended exclusively to be administered enterally (by means of a stomach tube) under medical supervision to persons who are undergoing medical treatment for a disease or ailment and who have the product administered to them as part of the control of that disease or ailment in order to control or prevent malnutrition?
            
         
               2.
            
            
               Must the concept of ‘beverages’ within the meaning of heading 2202 of the Combined Nomenclature be interpreted as including liquid foodstuffs such as the products at issue, which are not intended to be drunk but to be administered enterally (by means of a stomach tube)?