The Commission Regulation (EC) N. 872/2009 of 18 September 2009, concerning the classification of certain goods in the Combined Nomenclature (CN), introduces some amendments to the Council Regulation (EEC) n. 2658/87 of 23 July 1987, on the tariff and statistical nomenclature and on the Common Customs Tariff. Such amendments apply in particular to a particular kind of 'thong' sandal with with outer soles of plastics, which are described in the annex to the Regulation, column n° 1.

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With decision of the Sixth Chamber of 2 July 2009, issued on request of preliminary ruling proposed by the Finanzgericht München (Case C-302/08 - Zino Davidoff SA vs. Bundesfinanzdirektion Südost), the EU Court of Justice clarifies that article 5, par. 4, of the EC Regulation (CE) 22 July 2003, N° 1383, concerning customs action concerning goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights, read in the light of Article 146 of the EC Reg. N° 40/94 on the Community trade mark, as amended by the Reg. No 1992/2003, must be interpreted in the sence that also the holder of an internationally registered trade mark is allowed to request and obtain - just like the proprietor of a Community trade mark - the intervention of the customs authorities of one or more other EU Member States, to safeguard its right.

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