CELEX: 62014CA0294
Language: en
Date: 2016-04-07 00:00:00
Title: Case C-294/14: Judgment of the Court (Fourth Chamber) of 7 April 2016 (request for a preliminary ruling from the Finanzgericht Hamburg — Germany) — ADM Hamburg AG v Hauptzollamt Hamburg-Stadt (Reference for a preliminary ruling — Customs Union and Common Customs Tariff — Community Customs Code — Tariff Preferences — Regulation (EEC) No 2454/93 — Article 74(1) — Products originating from a beneficiary country — Transport — Consignments composed of a mixture of crude palm kernel oil originating in several countries benefiting from the same preferential treatment)

13.6.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/7
            
         
      Judgment of the Court (Fourth Chamber) of 7 April 2016 (request for a preliminary ruling from the Finanzgericht Hamburg — Germany) — ADM Hamburg AG v Hauptzollamt Hamburg-Stadt
      (Case C-294/14) (1)
      
      ((Reference for a preliminary ruling - Customs Union and Common Customs Tariff - Community Customs Code - Tariff Preferences - Regulation (EEC) No 2454/93 - Article 74(1) - Products originating from a beneficiary country - Transport - Consignments composed of a mixture of crude palm kernel oil originating in several countries benefiting from the same preferential treatment))
      (2016/C 211/07)
      Language of the case: German
      
         Referring court
      
      Finanzgericht Hamburg
      
         Parties to the main proceedings
      
      
         Applicant: ADM Hamburg AG
      
         Defendant: Hauptzollamt Hamburg-Stadt
      
         Operative part of the judgment
      
      Article 74(1) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, as amended by Commission Regulation (EC) No 1063/2010 of 18 November 2010, must be interpreted as meaning that in a situation, such as that at issue in the main proceedings, where valid certificates of origin have been presented, the preferential origin, within the meaning of the generalised system of preferences established by Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007, of consignments of crude palm kernel oil may be recognised even where those products have been mixed in the tank of a vessel at the time of their transport to the European Union in circumstances where it is possible to rule out that other products, in particular products not benefiting from any preferential treatment, have been added to that tank.
      
         (1)  OJ C 315, 15.9.2014.