Cybergun S.A. v. Koninklijke Luchtvaart Maatschappij N.V. and Wargaim LLC, manufacturing fiction, The Hague District Court, The Netherlands, 20 January 2010, Docket No. 330510 / HA ZA 09-528
If - in cases where transshipped goods are blocked by customs - the legitimacy of the application of the manufacturing fiction is contested, the The Hague District Court will stay the proceedings until the decision of the Court of Justice in the cases C-495/09 (Nokia) and C-446/09 (Philips). Blocked goods will not be released, as the court indicates that – pending the proceedings before the Court of Justice – it will follow its earlier case-law with respect to the application of the manufacturing fiction.
Read the judgment (in Dutch) here.