Order of the Court (Fifth Chamber) of 1 July 2010 – DSV Road v Commission
(Case C-358/09 P)
Appeal – Customs Code – Import of diskettes originating in Thailand – Post-clearance recovery of import duties – Application for remission of import duties
1. Appeals – Grounds – Error of law relied on not identified – Inadmissibility (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see paras 45-46)
2. Own resources of the European Communities – Post-clearance recovery of import or export duties – Conditions for non-entry of import duties in the accounts set out in Article 220(2)(b) of Regulation No 2913/92 – Burden of proof (Council Regulation No 2913/92, Art. 220(2)(b)) (see paras 47-52, 58-59)
3. Appeals – Grounds – Incorrect assessment of the evidence duly produced – Inadmissible except in the case of clear distortion of the sense ‑ Duty of the General Court to state the reasons for its assessment of the evidence – Extent (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.) (see paras 68-69)
4. Own resources of the European Communities – Repayment or remission of import duties – Fairness clause introduced by Article 239 of the Customs Code – Special situation – Meaning – Incorrect certificates issued by the customs authorities on the basis of the exporter’s untrue declarations, but those authorities not obliged to check the validity of those declarations – Excluded (Council Regulation No 2913/92, Art. 239; Commission Regulation No 2454/93, Art. 904(c)) (see paras 79-83)
Re:
Appeal against the judgment of 8 July 2009 of the Court of First Instance (Fourth Chamber) in Case T–219/07 DSV Road v Commission dismissing an application for annulment of the Commission’s Decision of 24 April 2007 informing the Belgian authorities that they might proceed with post-clearance recovery of import duties on diskettes originating in Thailand and that there were no grounds for granting remission of those duties (File reference: REC 05/02).
Operative part:
The Court:
1.
Dismisses the appeal;
2.
Orders DSV Road NV to pay the costs.
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