Judgment of the Court (First Chamber) of 28 February 1989. – International Container et Transport (ICT) and BFI Électronique SA v Direction Générale des Douanes et Droits Indirects de Roissy.

Parties

In Case 19/88

REFERENCE to the Court under Article 177 of the EEC Treaty by the tribunal d' instance ( District Court ), Aulnay-sous-Bois ( France ), for a preliminary ruling in the proceedings pending before that Court between

International Container et Transport ( ICT ), a company constituted under French law, whose registered office is at the Charles de Gaulle Airport ( Roissy-en-France ),

BFI Electronique SA, a company constituted under French law, whose registered office is in Paris,

and

Direction générale des douanes et droits indirects, Roissy-en-France,

on the interpretation of subheading 90.28 A II ( a ) of the Common Customs Tariff,

THE COURT ( First Chamber ),

composed of : R . Joliet, President of Chamber, Sir Gordon Slynn and G . C . Rodríguez Iglesias, Judges,

( the grounds of the judgment are not reproduced )

in answer to the question referred to it by the tribunal d' instance, Aulnay-sous-Bois, by judgment of 23 July 1987,

hereby rules :

Operative part

Apparatus for measuring electrical quantities within the meaning of subheading 90.28 A II ( a ) of the Common Customs Tariff does not include apparatus which effects such measurements only for the purpose of checking electronic components for conformity .