Judgment of the Court (Ninth Chamber) of 9 October 2014 (request for a preliminary ruling from the Finanzgericht Hamburg — Germany) — Douane Advies Bureau Rietveld v Hauptzollamt Hannover

(Case C-541/13) (1)

((Reference for a preliminary ruling - Customs union and common customs tariff - Tariff classification - Heading 3822 - Concept of ‘diagnostic or laboratory reagents’ - Indicators of exposure to a predetermined target temperature))

(2014/C 439/17)

Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Applicant: Douane Advies Bureau Rietveld

Defendant: Hauptzollamt Hannover

Operative part of the judgment

Heading 3822 of the Combined Nomenclature in Annex 1 to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EU) No 861/2010 of 5 October 2010, must be interpreted as meaning that temperature indicators, such as the products marketed under the names ‘WarmMark’ and ‘ColdMark’, which, by the effect of a change in colour caused by the variation in volume of the liquids that they contain, indicate, irreversibly, whether a temperature higher or lower than a specified threshold has been reached, are not covered by that heading.

(1)  OJ C 9, 11.1.2014.