Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 17 November 2017 — GE Power Controls Portugal — Unipessoal Lda v Fazenda Pública

(Case C-643/17)

(2018/C 052/24)

Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings

Applicant: GE Power Controls Portugal — Unipessoal Lda

Defendant: Fazenda Pública

Question referred

In the light of Article 313(1) of the Implementing Regulation (1), are the goods referred to in the present case to be deemed to have Community status where it has not been established that they do not have such status, or […] must they be deemed to be goods brought into the customs territory, for the purposes of Article 3 of the [Community customs] code (2), and covered by the exception provided for in the first part of Article 313(2)(a) of the Implementing Regulation, with the result that only goods in respect of which it has been proven that a procedure for releasing them for free circulation in the EC customs territory has been carried out are to be recognised as having Community status[?]

(1)  Commission Regulation (EEC) Noo 2454/93 of 2 July 1993, laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code

(OJ 1993, L 253, p. 1)

(2)  Commission Regulation (EEC) Noo 2913/92, 12 October 1992 establishing the Community Customs (Code OJ 1992, L 302, p. 1)