EuGH · C-248/88 · 13.07.1989 · ECLI:EU:C:1989:332
Parties Operative part Parties In Joined Cases 248/88, 254/88 to 258/88, 309/88 and 316/88 REFERENCE to the Court under Article 177 of the EEC Treaty by the tribunale civile e penale ( Civil and Criminal District Court ), Venice, for a preliminary ruling in the proceedings pending before that court between 1 . Chimica del Friuli SPA, a company incorporated under Italian law, having its registered office at Torviscosa ( Case 248/88 ), 2 . Carburanti & Succedanei SRL, a company incorporated under Italian law, having its registered office at Canzo di Peschiera Borromeo ( Case 254/88 ), 3 . Colorificio Bevini SRL, a company incorporated under Italian law, having its registered office at Modena ( Case 255/88 ), 4 . Ditta Alkim SNC, a partnership governed by Italian law, based at Sergnano ( Case 256/88 ), 5 . Cambiaghi Giuseppe SAS, a limited partnership governed by Italian law, based at Milan ( Case 257/88 ), 6 . Angelo Muggia & Figlio, an undertaking established at Bologna ( Case 258/88 ), 7 . Conserchimica SRL, a company incorporated under Italian law, having its registered office at Venice ( Case 309/88 ), 8 . SAI - Società Approvvigionamenti Industriali - SPA, a company incorporated under Italian law, having its registered office at Milan ( Case 316/88 ), and Amministrazione delle finanze dello Stato ( Ministry of Finance ), on the interpretation of Commission Regulation No 1535/77 of 4 July 1977 determining the conditions under which certain goods are eligible upon importation for a favourable tariff arrangement by reason of their end-use, THE COURT ( Second Chamber ) composed of : T.F . O' Higgins, President of the Chamber, G.F . Mancini and F.A . Schockweiler, Judges ( The grounds of the judgment are not reproduced ) in answer to the question referred to it by the tribunale civile e penale, Venice, by orders of 5 May, 19 May, 26 May and 23 June 1988, hereby rules : Operative part Article 7 of Commission Regulation No 1535/77 of 4 July 1977 determining the conditions under which certain goods are eligible upon importation for a favourable tariff arrangement by reason of their end-use must be interpreted as meaning that when goods are transferred the transferee must hold an authorization granted in accordance with Article 3 of that regulation, whether the transfer takes place between one Member State and another or within the same Member State .
