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Document C2005/296/44

Joined Cases T-134/03 and T-135/03: Judgment of the Court of First Instance of 27 September 2005 — Common Market Fertilizers v Commission of the European Communities (Remission of import duties — Article 1(3) of Regulation (EC) No 3319/94 — Invoicing direct to importer — Group of experts within the meaning of Article 907 of Regulation (EEC) No 2454/93 — Rights of the defence — Obvious negligence within the meaning of Article 239 of Regulation (EEC) No 2913/92 — Obligation to state reasons)

OJ C 296, 26.11.2005, p. 21–21 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

26.11.2005   

EN

Official Journal of the European Union

C 296/21


Judgment of the Court of First Instance of 27 September 2005 — Common Market Fertilizers v Commission of the European Communities

(Joined Cases T-134/03 and T-135/03) (1)

(Remission of import duties - Article 1(3) of Regulation (EC) No 3319/94 - Invoicing direct to importer - ‘Group of experts’ within the meaning of Article 907 of Regulation (EEC) No 2454/93 - Rights of the defence - ‘Obvious negligence’ within the meaning of Article 239 of Regulation (EEC) No 2913/92 - Obligation to state reasons)

(2005/C 296/44)

Language of the case: French

Parties

Applicant(s): Common Market Fertilizers (Brussels, Belgium) (represented by A. Sutton and N. Flandin, lawyers)

Defendant(s): Commission of the European Communities (represented by X. Lewis, Agent)

Application for

annulment of Commission Decisions C (2002) 5217 final and C (2002) 5218 final of 20 December 2002 finding that the remission of import duties was not justified in a particular case.

Operative part of the judgment

The Court:

1)

Dismisses the applications.

2)

Orders the applicant, in addition to bearing its own costs, to pay those incurred by the Commission.


(1)  OJ C 158, 5.7.2003.


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