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KG (`medi Bayreuth') (C-263/00) and the Oberfinanzdirektion Koblenz (`the Oberfinanzdirektion') concerning the tariff classification of certain products as orthopaedic products within CN heading 9021.
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22 Lohmann and medi Bayreuth claim that the products at issue in the main proceedings are of a special design which serves a particular orthopaedic purpose.
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14 In 1997, Lohmann and medi Bayreuth applied for the issue of binding tariff information in respect of certain products which they had imported from the United States of America or Mexico and which they considered to fall, as orthopaedic products, within CN heading 9021.
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16 Their objections having been rejected by the Oberfinanzdirektion, Lohmann and medi Bayreuth brought actions before the Hessisches Finanzgericht seeking the annulment of the binding tariff information and a direction to the Oberfinanzdirektion to issue new binding tariff information classifying those products in CN heading 9021.
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23 Medi Bayreuth points out that, in the light of technical progress, the requirement for an orthopaedic appliance to be made to measure no longer corresponds to reality: in the medical field, many products which were formerly made to measure have nowadays been replaced by industrial products which need only be adapted before use.
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51 In the second place, the criteria for distinguishing simple or ordinary products from those serving a medical purpose include the method of manufacture of the product concerned and the specificity of its purpose (see, to that effect, judgment of 7 November 2002, Lohmann and Medi Bayreuth, C‐260/00 to C‐263/00, EU:C:2002:637, paragraph 39).
Non e ' un topoeurlex-diff-2018-06-20 eurlex-diff-2018-06-20
47 Therefore, goods of which the essential characteristics are the finish of their manufacture and their high degree of precision, which distinguish them from ordinary goods, are to be classified under CN heading 9021 (see, to that effect, judgment of 7 November 2002, Lohmann and Medi Bayreuth, C‐260/00 to C‐263/00, EU:C:2002:637, paragraph 37).
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47 Lohmann, medi Bayreuth and the Commission are of the opinion that the term `solely' in Note 1(b) to CN Chapter 90 must be interpreted literally to mean that, if the intended effect on the organ to be supported or held also derives from factors other than the elasticity of the belt or support concerned, that note does not apply.
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Applicant: medi GmbH & Co KG (Bayreuth, Germany) (represented by: D. Terheggen, H. Lindner and T. Kiputh, lawyers
Allegato I del protocollo noj4 oj4
37 However, in order to give the national court a useful answer, the Court may, in a spirit of cooperation with national courts and having regard to the information set out in the order for reference, provide it with all the guidance that it deems necessary (see, to that effect, Cases C‐260/00 to C‐263/00 Lohmann and Medi Bayreuth EU:C:2002:637, paragraph 28, and Case C‐56/08 Pärlitigu EU:C:2009:467, paragraph 23).
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Consequently, the article's objective characteristics are such that they do not distinguish it from ordinary supports for general use, in particular, by reason of the materials of which it is made (flexible materials), the method of operation (applying pressure through tightening) or the adjustability to the patient's specific handicaps (see also Note 6 to Chapter 90 and judgment of 7 November 2002, Lohmann and Medi Bayreuth, Joined Cases C-260/00 to C-263/00, ECLI:EU:C:2002:637, paragraphs 39 and 45).
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29 However, in order to give the national court a useful answer which will enable it to effect the tariff classification on which it is asked to adjudicate, the Court may, in a spirit of cooperation with national courts, provide it with all the guidance that it deems necessary (see, to that effect, judgments in Lohmann and Medi Bayreuth, C‐260/00 to C‐263/00, EU:C:2002:637, paragraph 28, and Pärlitigu, C‐56/08, EU:C:2009:467, paragraph 23).
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48 With regard to heading 9021 of the CN, which, in the view of the applicant in the main proceedings, ought to have been chosen by the Commission for the purposes of the tariff classification at issue, it should be noted that the instruments and appliances coming within Chapter 90 of the CN are characterised, in general, by the finish of their manufacture and their high degree of precision (see, to that effect, Joined Cases C‐260/00 to C‐263/00 Lohmann and Medi Bayreuth [2002] ECR I‐10045, paragraph 37).
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33 That said, when the Court is asked to give a preliminary ruling on the interpretation of such a harmonised standard, it is for the national court, on the basis of the Court’s interpretation and in the light of the facts available to it, to determine the technical standard applicable to a particular product (see, by analogy, with reference to tariff classification, judgments of 7 November 2002, Lohmann and Medi Bayreuth, C‐260/00 to C‐263/00, EU:C:2002:637, paragraph 26, and of 28 April 2016, Oniors Bio, C‐233/15, EU:C:2016:305, paragraph 28).
In quanti siete?eurlex-diff-2018-06-20 eurlex-diff-2018-06-20
16 The procedure for referring questions for a preliminary ruling under Article 234 EC establishes a relationship of close cooperation between the national courts and the Court of Justice based on the assignment to each of different functions and constitutes an instrument by means of which the Court provides the national courts with the criteria for the interpretation of Community law which they need in order to dispose of disputes which they are called upon to resolve (Joined Cases C‐260/00 to C-263/00 Lohmann and Medi Bayreuth [2002] ECR I‐10045, paragraph 27).
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24 The procedure for referring questions for a preliminary ruling which is provided for in Article 234 EC establishes a relationship of close cooperation between the national courts and the Court of Justice based on the assignment to each of different functions (Case C-236/98 JämO [2000] ECR I-2189, paragraph 30) and constitutes an instrument by means of which the Court provides the national courts with interpretation of such Community law as is necessary for them to give judgment in cases upon which they are called to adjudicate (Monte Arcosu, paragraph 21, and Lohman and Medi Bayreuth, paragraph 27).
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30 In that regard, it should be borne in mind that the procedure for referring questions for a preliminary ruling under Article 234 EC establishes a relationship of close cooperation between the national courts and the Court of Justice, based on the assignment to each of different functions, and constitutes an instrument by means of which the Court provides the national courts with the criteria for the interpretation of European Union law which they require in order to dispose of disputes which they are called upon to resolve (Joined Cases C‐260/00 to C-263/00 Lohmann and Medi Bayreuth [2002] ECR I‐10045, paragraph 27, and Case C‐259/05 Omni Metal Service [2007] ECR I‐4945, paragraph 16).
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27 When the Court is requested to give a preliminary ruling on a matter of tariff classification, its task is to provide the national court with guidance on the criteria which will enable the latter to classify the products at issue correctly in the CN, rather than to effect that classification itself, a fortiori since the Court does not necessarily have available to it all the information which is essential in that regard (judgments of 7 November 2002 in Lohmann and Medi Bayreuth, C‐260/00 to C‐263/00, EU:C:2002:637, paragraph 26, and 22 November 2012 in Digitalnet and Others, C‐320/11, C‐330/11, C‐382/11 and C‐383/11, EU:C:2012:745, paragraph 61).
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German team Medi Bayreuth announced the signing of Kyan Anderson.
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Kyan Anderson returns to Medi Bayreuth The point guard is back in Germany 08/02/2019 11:58
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0 Comments Kyan Anderson returns to Medi Bayreuth
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Former BYU center Eric Mika has signed a deal with Medi Bayreuth of the German BBL, the team announced.
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Mika recently parted ways with Germani Brescia Former BYU center Eric Mika could join German BBL side Medi Bayreuth, a source told Sportando.
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Even in his own magazine, though, this has not always been the case. Yet the past ten years have caused Urs Weber to change his mind. For Mathias Schulz, Head of the sports brand CEP of Medi GmbH from Bayreuth, trail running has in fact always been a continuation of runners’ aspirations to reach for new limits: “Many trail runners come from the classic field of running and have merely extended their terrain through the new activity.
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