Customs Union Special situation 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 Retroactive opening of tariff quotas
Sumário
Judgment of the Court of First Instance (Second Chamber) of 16 September 2008.
Nortrail Transport GmbH v Commission of the European Communities.
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.
Case T-496/04.
Texto da decisão
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. |