This document is an excerpt from the EUR-Lex website
Document 61993CJ0151
Summary of the Judgment
Summary of the Judgment
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Agriculture ° Common organization of the markets ° Poultrymeat ° Export refunds ° Ad hoc classification in the nomenclature of various cuts
(Commission Regulations Nos 267/87, Annex; 1151/87, Annex; 2800/87, Annex; 3846/87, Annex)
Regulations Nos 1151/87 and 2800/87, both of which fix export refunds in the poultrymeat sector, must be interpreted as meaning that a chicken leg with (part of) the back (without the rump) must be classified under subheading:
a) 02.02 B II e) 3 ("Legs and cuts of legs of other poultry") of the Annexes to those regulations if the size of the piece of back does not give the product its essential character;
b) 02.02 B II ex g) ("Other") if the opposite applies.
Regulation No 3846/87 establishing an agricultural product nomenclature for export refunds must be interpreted as meaning that a chicken leg with (part of) the back (without the rump) must be classified under subheading:
a) 0207 41 71 100 ("Halves or quarters, without rumps") of the Annex to that regulation if the piece of back corresponds to the rear part of the back, allowing for the permitted tolerances in cutting;
b) 0207 41 51 000 ("Legs and cuts thereof") if the above is not the case and the size of the piece of back does not alter the essential character of the product;
c) 0207 41 71 900 ("Other") if it cannot be classified under either of the two preceding subheadings.
Regulation No 267/87 fixing the export refunds on poultrymeat and Regulation No 1151/87 must be interpreted as meaning that the front part of a chicken' s back with wings must be classified under subheading:
a) 02.02 B II b) ("Whole wings, with or without tips") in the Annexes to those regulations if the size of the piece of back does not give the product its essential character;
b) 02.02 B II ex g) ("Other") if the opposite applies.
Regulation No 3846/87 must be interpreted as meaning that the front part of a chicken' s back with wings must be classified under subheading:
a) 0207 41 21 000 ("Whole wings, with or without tips") in the Annex to that regulation if the size of the piece of back does not give the product its essential character;
b) 0207 41 71 900 ("Other") if the opposite applies.