Judgment of the Court (First Chamber) of 28 February 1989.#Merkur Außenhandel GmbH & Co. Kg v Hauptzollamt Hamburg-Jonas.#Reference for a preliminary ruling: Finanzgericht Hamburg - Germany.#Monetary compensatory amounts - Conditions for repayment.#Case 233/87.

Parties

In Case 233/87

REFERENCE to the Court under Article 177 of the EEC Treaty by the Finanzgericht Hamburg ( Federal Republic of Germany ) for a preliminary ruling in the proceedings pending before that court between

Merkur Aussenhandel GmbH & Co . KG

and

Hauptzollamt Hamburg-Jonas

on the interpretation of Article 11(2 ) of Commission Regulation No 1380/75 of 29 May 1975 laying down detailed rules for the application of monetary compensatory amounts ( Official Journal 1975, L 139, p . 37 ),

THE COURT ( First Chamber ),

composed of : R . Joliet, President of Chamber, Sir Gordon Slynn and G . C . Rodríguez Iglesias, Judges,

( the grounds of the judgments are not reproduced )

in answer to the question referred to it by the Finanzgericht Hamburg, by decision of 12 May 1987, hereby rules :

Operative part

The customs authorities of the exporting State which claim the repayment of monetary compensatory amounts on importation are bound by the corrected weights notified to them by the customs authorities of the importing State, whether or not they are entered in the control copies .

A national court hearing an action between the exporter and the customs authorities of the exporting State concerning the repayment of monetary compensatory amounts on importation is not bound by the corrected weights notified to the customs authorities of the exporting State by the customs authorities of the importing State .