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Gefluegelschlachterei Freystadt Gmbh and Co Kg v Hauptzollamt Hamburg-Jonas: ECJ 27 Sep 1979

ECJ 1. Paragraph I of the protocol on German internal trade and connected problems, annexed to the EEC Treaty, is intended to relieve the federal republic of Germany of the obligation to apply the rules of community law to german internal trade. It accords a special status to the german democratic republic as territory which does not form part of the community but which is not a non-member country vis-a-vis the federal republic of Germany.
For a transaction to form part of german internal trade within the meaning of the protocol, it is necessary, and at the same time sufficient, that the goods are put into free circulation in the german democratic republic without having been in free circulation in a third country after having left the territory of the federal republic of Germany.
2. The concept of export within the context of the community provisions concerning export refunds for agricultural products subject to the common organization of the markets must be interpreted as meaning that it does not refer to trade forming part of german internal trade within the meaning of the protocol on german internal trade.

Citations:

R-23/79, [1979] EUECJ R-23/79

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 21 June 2022; Ref: scu.214851

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