Firma Brita GMBH v. Hauptzollamt Hamburg-Hafen

Abstract

Relationship of international law and municipal law — Treaties — Application and interpretation — European Community–Israel Association Agreement — Protocol 4 to the EC–Israel Association Agreement — Territorial scope — Free movement of goods — Customs duties — Originating product — Exporting State best placed to verify place of origin — Certification of place of origin — Verification of place of origin — Whether importing States bound by exporting States’ verification — Preferential treatment — Refusal of preferential treatment in absence of adequate verification — Customs Cooperation Committee — Whether importing States bound to refer disputes to Customs Cooperation Committee — Association Council — Israeli customs authorities’ failure to certify products originating in occupied territories as having originated in Israel — Products originating in occupied territories not qualifying for preferential treatment under EC–Israel Association Agreement

Treaties — Application and interpretation — European Community–Palestine Liberation Organization Association Agreement — Territorial scope — West Bank and Gaza Strip — Originating product — Preferential treatment only applicable to products originating in the occupied territories under the EC–PLO Association Agreement and where certified by Palestinian customs authorities — Treaties not binding third parties without their consent — Vienna Convention on the Law of Treaties, 1969, Article 34

Territory — Occupied territory — Territorial scope of treaty — West Bank and Gaza Strip — EC–Israel Association Agreement — Preferential customs treatment for goods originating in Israel imported into the European Community — Whether applicable to goods originating in the occupied territories

War and armed conflict — Belligerent occupation — West Bank and Gaza Strip — Status — Whether Israeli territory — EC–Israel Association Agreement — Preferential customs treatment for goods originating in Israel imported into the European Community — Whether applicable to goods originating in the occupied territories

Relationship of international and municipal law — Treaties — European Community — Court of Justice of the European Communities — Referral of questions to the Court of Justice — Obligations of Member States of European Community under the EC–Israel Association Agreement and EC–PLO Association Agreement — The law of the European Union