1By two judgments which were received at the Court of Justice of the European Communities on 26 April 1976, the united civil Chambers of the Corte Suprema di Cassazione referred to the Court, under Article 177 of the EEC Treaty, two questions concerning the interpretation of the nomenclature appearing as Annex II b to Regulation No 86/63/EEC of the Council (JO 1963, p. 2175) and of Regulation No 84/66/EEC of the Council (JO 1966, p. 2216) amending that nomenclature, the terms of which are as follows:1. Whether Regulation No 84/66/EEC, where it provides at Article 2 with regard to the products under tariff heading ex 16.01 B referred to in Annex II B to Regulation No 85/63/EEC that ‘the levy on sausages put up in containers with preserving liquid shall be charged on the net weight after deducting the weight of such liquid’, constitutes an interpretation of the said Regulation No 85/63/EEC and consequently has retroactive effect, or whether it creates a new situation;2. If the latter is the case, whether the absence of any indication in Regulation No 85/63/EEC must be understood as meaning that prior to Regulation No 84/66/EEC it was indeed necessary also to take account of the weight of the said preserving liquid or whether each State might act in this sphere in accordance with its own customs legislation.’
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