Questione giuridica chiave
Whether the horse meat shipment had to be charged to the tariff quota of the actual customs-clearance date or the earlier pre-declaration date.
Decisione estratta
The decisive date was the actual placement under customs control on 2000-07-04, so the shipment belonged to the quota period then in force.
Motivazione estratta
Under Art. 23 LD, duties are determined at the moment goods are placed under customs control unless a special rule provides otherwise. Pre-declaration under Art. 16 al. 2 ODTED does not change that date. The quota allocation therefore followed the same moment as duty calculation.