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Comments on ECJ C-168/23 (Customs): Reclassification of imported goods is not contrary to the principles of legal certainty and the protection of legitimate expectations

The European Union Court of Justice ruled that Romania can retroactively reclassify goods imported by Prysmian without violating EU law. This decision does not contradict the principles of legal certainty and protection of legitimate expectations. Prysmian imported goods designated as optical fiber cables with a 0% import duty, but Romanian Customs later imposed a 2.9% tariff for optical fibers. Despite Prysmian’s argument that retroactive reclassification undermines legal certainty and foreseeability, the court upheld Romania’s right to do so. This decision stands even if other Member States and courts have not deviated from the tariff classification.

Source Taxlive

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