Question juridique clé
Whether the ferry was exempt from import duties and VAT under the Istanbul Convention on temporary admission
Solution extraite
No. The association, not the foreign foundation, exercised actual control and operated the ferry from Switzerland, so the conditions for temporary admission were not met.
Motifs extraits
The contractual and practical arrangements showed that the Swiss association retained disposition, commissioned the operators, kept the revenue, and bore responsibility under the concession. The foreign foundation was involved mainly for funding purposes.