Judgment_paragraph 81 · GE Healthcare GmbH v Hauptzollamt Düsseldorf (C-173/15)

81Having regard to the need to establish a customs value if an undertaking fails to provide full information relating to the relevant tax years and to the ‘reasonable flexibility’ mentioned in point 2 of the interpretative note, it must be accepted that taking into account data relating to other tax years of the undertaking may constitute data available in the European Union which Article 31(1) of the Customs Code allows to be used as a basis for determining customs value. Reference to such data constitutes a means of determining a customs value which is both ‘reasonable’ within the meaning of Article 31(1) and consistent with the principles and general provisions of the international agreements and the provisions referred to in Article 31(1) (see, by analogy, judgment of 28 February 2008, Carboni e derivati, C‑263/06, EU:C:2008:128, paragraph 61).

GE Healthcare GmbH v Hauptzollamt Düsseldorf (C-173/15)

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