Judgment of the Court (Third Chamber) of 25 November 2010 (reference for a preliminary ruling from the Finanzgericht Hamburg (Germany)) — Barsoum Chabo v Hauptzollamt Hamburg-Hafen

(Case C-213/09) (1)

(Customs union - Regulation (EC) No 1719/2005 - Common Customs Tariff - Recovery of import customs duties - Imports of processed foodstuffs - Preserved mushrooms - CN subheading 2003 10 30 - Levy of an additional amount - Principle of proportionality)

2011/C 30/07

Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Applicant: Barsoum Chabo

Defendant: Hauptzollamt Hamburg-Hafen

Re:

Reference for a preliminary ruling — Finanzgericht Hamburg — Validity of Commission Regulation (EC) No 1719/2005 of 27 October 2005 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 2005 L 286, p. 1) as regards the additional amount charged on the import of products falling under subheading 2003 1030 000 — Preserved mushrooms — Principle of proportionality

Operative part of the judgment

Examination of the question referred has disclosed nothing capable of affecting the validity of the amount of the specific customs duty of EUR 222 per 100 kilograms of net drained weight, which applies under Commission Regulation (EC) No 1719/2005 of 27 October 2005 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff and is charged on imports of preserved mushrooms of the genus Agaricus coming under subheading 2003 10 30 of the Combined Nomenclature in that annex and effected outside the quota opened by Commission Regulation (EC) No 1864/2004 of 26 October 2004 opening and providing for the administration of tariff quotas for preserved mushrooms imported from third countries, as amended by Commission Regulation (EC) No 1995/2005 of 7 December 2005.

(1)  OJ C 205, 29.8.2009.