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Document 62010TA0324

    Case T-324/10: Judgment of the General Court of 19 March 2013 — Firma Van Parys v Commission (Customs union — Imports of bananas from Ecuador — Post-clearance recovery of import duties — Request for remission of import duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 — Error by the customs authorities — Obvious negligence on the part of the interested party)

    OJ C 129, 4.5.2013, p. 14–15 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    4.5.2013   

    EN

    Official Journal of the European Union

    C 129/14


    Judgment of the General Court of 19 March 2013 — Firma Van Parys v Commission

    (Case T-324/10) (1)

    (Customs union - Imports of bananas from Ecuador - Post-clearance recovery of import duties - Request for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 - Error by the customs authorities - Obvious negligence on the part of the interested party)

    2013/C 129/27

    Language of the case: Dutch

    Parties

    Applicant: Firma Léon Van Parys (Antwerp, Belgium) (represented: initially by P. Vlaemminck and A. Hubert and subsequently by Vlaemminck, R. Verbeke and J. Auwerx, lawyers)

    Defendant: European Commission (represented by: L. Keppenne and F. Wilman, acting as Agents)

    Intervener in support of the applicant: Kingdom of Belgium (represented by J.-C. Halleux and M. Jacobs, Agents, and by P. Vander Schueren, lawyer)

    Re:

    Application for annulment, in part, of Commission Decision C(2010) 2858 of 6 May 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is justified with regard to a debtor but is not justified in the particular case of another debtor.

    Operative part of the judgment

    The Court:

    1.

    Annuls Article 1(3) of Commission Decision C(2010) 2858 final of 6 May 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is justified with regard to a debtor but is not justified in the particular case of another debtor;

    2.

    Dismisses the action as to the remainder;

    3.

    Orders the European Commission to bear its own costs and to pay those incurred by Firma Léon Van Parys NV;

    4.

    Orders the Kingdom of Belgium to bear its own costs.


    (1)  OJ C 274, 9.10.2010.


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