JUDGMENT OF 14.7.1981 — CASE 205/80 ELBA v HAUPTZOLLAMT BERLIN-PACKHOF

In Case 205/80 REFERENCE to the Court under Article 177 of the EEC Treaty by the Finanzgericht [Finance Court] Berlin for a preliminary ruling in the action pending before that court between

THE COURT (Second Chamber), composed of: P. Pescatore, President of Chamber, O. Due and A. Chloros, Judges, Advocate General: G. Reischl Registrar: H. A. Rühl, Principal Administrator

gives the following

JUDGMENT

Facts and Issues

I — Facts and written procedure

II — Written observations submitted to the Court under Article 20 of the Protocol on the Statute of the Court of Justice of the European Economic Community

III — Replies to the question posed by the Court

IV — Oral procedure

Decision

Costs

1 Translator's note: The words flimsy and of simple construction and are not to be confused with articles in ordinary use of which they are an imitation are a translation of passages in the authentic French text of the Note in question. Equivalent passages do not appear in the authentic English text of the Note.

2 Translator's note: See footnote on page 2104 in regard to the phrase flimsy and of simple construction. The phrase in general does not appear in the authentic English text of the Note on heading 97.05 whereas the word généralement does appear in the authentic French text.