C-344/8861988J03440034.00021507115082CJJUDGMENT OF 28. 3. 1990 —CASE C-344/88WITTMANN<TI><P><HT TYPE="UC">Judgment of the Court</HT> (First Chamber)</P><P><DATE ISO="19900328">28 March 1990</DATE><NOTE NOTE.ID="E0001" NUMBERING="STAR"><P>Language of the case German.</P></NOTE></P></TI>

In Case C-344/88

REFERENCE to the Court under Article 177 of the EEC Treaty by the Finanzgericht München (Finance Court, Munich), Federal Republic of Germany, for a preliminary ruling in the proceedings pending before that court between

Erich Wittmann GmbH & Co. KG

and

Hauptzollamt Niirnberg-Fiirth (Principal Customs Office, Nuremberg-Fiirth),

on the interpretation of tariff subheading 84.59 E (machines and mechanical appliances), Heading 82.04 (other hand tools), Heading 90.17 (medical instruments and appliances), and tariff subheadings 71.16 A (imitation jewellery) and 73.31 B (nails, tacks, spiked cramps) in the Annex to Council Regulation No 3000/79 of 30 December 1979 amending Regulation No 2800/78 amending Regulation No 950/68 on the Common Customs Tariff (Official Journal 1979, L 342, p. 1),

<TI><P>THE COURT (First Chamber)</P></TI>

composed of: Sir Gordon Slynn, President of Chamber, R. Joliét and G. C. Rodriguez Iglesias, Judges,

(the grounds of the judgment are not reproduced)

in answer to the questions referred to it by the Finanzgericht München, by order of 27 June 1988, rules as follows:

(1)Subheading 71.16 A of the Common Customs Tariff must be interpreted as including, even before the entry into force of Commission Regulation No 3558/81 of 8 December 1981 on the classification of goods falling within subheading 76.16 A of the Common Customs Tariff, stud earrings of the kind referred to in that regulation.(2)Subheading 84.59 E II of the Common Customs Tariff must be interpreted as including ear-piercing instruments.