Other

BG Technik cs a.s. v Generální ředitelství cel

Judgment of the Court (Eighth Chamber) of 28 November 2024.#BG Technik cs, a.s. v Generální ředitelství cel.#Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Classification of goods – Tariff heading 8703 – Motor cars and other motor vehicles principally designed for the transport of persons – Tariff heading 8713 – Carriages for disabled persons – Regulation (EC) No 718/2009 – Implementing Regulation (EU) 2021/1367 – SELVO 4800 vehicle – Concept of ‘disabled persons’.#Joined Cases C-129/23 and C-567/23.

2021/1367

Four-wheeled vehicle powered by a 24 V/800 W DC electric motor, equipped with two rechargeable batteries (12 V, 45 Ah), weighing approximately 107 kg, designed for individual transport of persons, including those with reduced mobility. It features a fixed platform, a swiveling and adjustable seat, a tiltable steering column, manual control devices, safety equipment (lights, indicators, mirrors), and an approximate range of 45 km at a maximum speed of 15–16 km/h. Intended for use on roads, tracks, and pedestrian areas, it resembles an electric scooter for persons with reduced mobility. This type of vehicle generally falls under heading 8713 of the Combined Nomenclature (invalid carriages and similar vehicles, motorized or not), provided that its primary design purpose is to assist personal mobility. Compliance with CE medical regulations and safety requirements for electrical equipment is necessary if used for medical purposes.

718/2009

These two articles are electric personal mobility vehicles designed for transporting individuals at home, on sidewalks, and in public places, primarily for errands or short-distance travel. The first vehicle, with four wheels, equipped with an electric motor powered by two 12 V batteries, measures 99 × 48 × 58 cm, supports up to 115 kg, and reaches a maximum speed of 6.5 km/h with a range of 16 km. It features a seat without armrests, a foldable steering column, control levers for acceleration and braking, anti-tip wheels, and can be disassembled into four lightweight parts for transport. The second vehicle, with three wheels, shares the same functional principles but measures 120 × 61 × 76 cm and supports 160 kg. It is equipped with a seat with armrests and handles, a larger range of 40 km, a maximum speed of 8 km/h, an additional control keyboard for lighting, and can be disassembled into seven parts. Both vehicles are suitable for use by persons with reduced mobility or elderly individuals, and fall within the category of personal mobility electric vehicles (not subject to automotive homologation). They are subject to regulations concerning electrical equipment safety, CE marking, and compliance with standards applicable to mobility aids.

718/2009

These two articles are electric personal mobility vehicles designed for transporting individuals at home, on sidewalks, and in public places, primarily for errands or short-distance travel. The first vehicle, with four wheels, equipped with an electric motor powered by two 12 V batteries, measures 99 × 48 × 58 cm, supports up to 115 kg, and reaches a maximum speed of 6.5 km/h with a range of 16 km. It features a seat without armrests, a foldable steering column, control levers for acceleration and braking, anti-tip wheels, and can be disassembled into four lightweight parts for transport. The second vehicle, with three wheels, shares the same functional principles but measures 120 × 61 × 76 cm and supports 160 kg. It is equipped with a seat with armrests and handles, a larger range of 40 km, a maximum speed of 8 km/h, an additional control keyboard for lighting, and can be disassembled into seven parts. Both vehicles are suitable for use by persons with reduced mobility or elderly individuals, and fall within the category of personal mobility electric vehicles (not subject to automotive homologation). They are subject to regulations concerning electrical equipment safety, CE marking, and compliance with standards applicable to mobility aids.