Дело C-82/76: Hoechst AG/Hauptzollamt Frankfurt-Main, Заключение от 3 февруари 1977 г.

1. Is Article 2 (2) of Regulation (EEC) No 803/68 of the Council on the valuation of goods for customs purposes under which two persons shall be deemed to be associated in business inter alia if either of them has any interest in the business or property of the other, also applicable to the business association mentioned in Article 3 (7) (b) of the same regulation?
2. If the answer to this question is in the negative, by what criteria is a business association within the meaning of Article 3 (7) (b) of Regulation No 803/68 to be determined?
3. If Question 1 is answered in the affirmative, is such a business association established (Article 2 (2) of Regulation No 803/68) by an agreement, the primary object of which is the grant to the domestic purchaser by the foreign supplier of goods of selling rights in a specific territory against payment of royalties and under which in addition the said purchaser is granted, free of further charges, the right to manufacture the imported product under the patented process from two active substances patented by and to be procured from the undertaking supplying the goods?
4. If the answer is in the affirmative, does it also apply if the purchasing firm does not make use of its manufacturing rights?
5. If the answer [to question 4] is in the affirmative, are the concepts “sole agent” and “sole concessionaire” in Article 2 (1) (a) of Regulation (EEC) No 1788/69 of the Commission two expressions having the same meaning?
6. If the answer is in the negative, does the expression “sole concessionaire” also include a person who has been granted the right by the proprietor of a patent to manufacture the goods under the patent?
7. If Question 5 is answered in the affirmative, does an agreement under which in the first place selling rights within a specific territory are granted for consideration and in addition a right to manufacture the imported goods free of charge is granted but has not been used fall outside the definition of a sole agency relationship?