Judgment of the Court of First Instance (Fourth Chamber) of 8 July 2009 – DSV Road v Commission
(Case T-219/07)
Customs union – Importation of diskettes originating in Thailand – Post-clearance recovery of import duties – Application for remission of import duties – Articles 220(2)(b) and 239 of Regulation (EC) No 2913/92
1. Own resources of the European Communities – Post-clearance recovery of import or export duties (Council Regulation No 2913/92, Art. 220(2)(b)); Commission Regulation No 2454/93, Art. 81(6)) (see paras 35-38, 40)
2. Own resources of the European Communities – Repayment or remission of import duties – Fairness clause established by Article 239 of the Community Customs Code (Council Regulation No 2913/92, Art. 239; Commission Regulation No 2454/93, Art. 904(c)) (see paras 55-57)
Re:
APPLICATION for annulment of the Commission decision of 24 April 2007 informing the Belgian authorities that they may proceed with post-clearance recovery of import duties on diskettes originating in Thailand and that there are no grounds for granting remission of those duties (file reference REC 05/02).
Operative part
The Court:
1.
Dismisses the application;
2.
Orders DSV Road NV to pay the costs.
Full & Egal Universal Law Academy