Judgment of the Court of First Instance (Second Chamber) of 16 September 2008 – Nortrail Transport v Commission
(Case T-496/04)
Customs Union – External Community transit operation – Fishery products originating in Norway – Application for remission and repayment of import duties – Fairness clause – Regulations (EEC) No 2913/92 and No 2454/93 – Special situation – Retroactive opening of tariff quotas
Own resources of the European Communities – Repayment or remission of import or export duties – Fairness clause introduced by Article 239 of the Community Customs Code and Article 905 of implementing Regulation No 2454/93 – Special situation (Decision No 1/94 of EC-Norway Joint Committee, Art. 17(7); Council Regulations No 2913/92, Art. 239, No 992/95 and No 3061/95, Art. 2; Commission Regulation No 2454/93, Art. 905(1); Council Decision No 95/312, Art. 5 and Annex I) (see paras 40-44, 48, 51, 53-54, 58-59, 61, 64-69)
Re:
APPLICATION for annulment of Commission Decision REM 15/02 of 1 October 2004, finding that the repayment of import duties to the applicant, which are the subject of the application made by the Federal Republic of Germany, is not justified.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Nortrail Transport GmbH to pay its own costs and those incurred by the Commission.
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