Customs Union Importation of compact fluorescent lamps with integrated electronic ballasts (CFL i) from Pakistan Post clearance recovery of import duties Application for remission of import duties Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92
Sumário
Judgment of the General Court (Seventh Chamber) of 16 December 2010.
Hit Trading BV and Berkman Forwarding BV v European Commission.
Customs Union - Importation of compact fluorescent lamps with integrated electronic ballasts (CFL-i) from Pakistan - Post-clearance recovery of import duties - Application for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92.
Case T-191/09.
Texto da decisão
Judgment of the General Court (Seventh Chamber) of 16 December 2010 – HIT Trading and Berkman Forwarding v Commission
(Case T-191/09)
Customs Union – Importation of compact fluorescent lamps with integrated electronic ballasts (CFL-i) from Pakistan – Post-clearance recovery of import duties – Application for remission of import duties – Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92
1. Own resources of the European Union – Post-clearance recovery of import or export duties – Conditions for not taking account of import duties set out in Article 220(2)(b) of Regulation No 2913/92 (Council Regulation No 2913/92, Arts 62(1) and 220(2)(b)) (see paras 42-44, 53-61, 72-73)
2. Own resources of the European Union – Post-clearance recovery of import or export duties – No publication, by the Commission, of a notice to importers in the event of doubts as to the origin of goods likely to be subject to anti-dumping duties (Council Regulation No 2913/92) (see paras 79-81)
3. Own resources of the European Union – Repayment or remission of import duties – Fairness clause instituted by Article 239 of the Community Customs Code and Article 905 of implementing Regulation No 2454/93 – Particular situation – Concept (Council Regulation No 2913/92, Art. 239; Commission Regulation No 2454/93, Art. 905) (see paras 91-92, 95-99)
Re:
| APPLICATION for annulment of Commission Decision C(2009) 747 final of 12 February 2009, stating that post-clearance entry in the accounts of certain import duties was justified and that the remission of such duties was not justified (File reference: REC 01/08). |
Operative part
The Court:
|
1. |
Dismisses the application; |
|
2. |
Orders Hit Trading BV and Berkman Forwarding BV to pay the costs. |