JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 December 2004

in Case T-332/02: Nordspedizionieri di Danielis Livio & C. Snc, Livio Danielis and Domenico D'Alessandro v Commission of the European Communities (1)

(Customs Union - Community transit operation - Fraud - Cigarette smuggling - Remission of import duties - Regulation (EEC) No 1430/79 - Article 13: equitable provision - Meaning of ‘special situation’)

(2005/C 45/50)

Language of the case: Italian

In Case T-332/02: Nordspedizionieri di Danielis Livio & C. Snc, established in Trieste (Italy), Livio Danielis, residing in Trieste, and Domenico D'Alessandro, residing in Trieste, represented by G. Leone, Lawyer, against Commission of the European Communities (Agents: initially X. Lewis and R. Amorosi, and subsequently X. Lewis assisted by G. Bambara, lawyer, with an address for service in Luxembourg) – application, principally, for annulment of Commission Decision REM 14/01 of 28 June 2002 refusing to accede to the Italian Republic's application for a remission of import duties in favour of the applicants and, in the alternative, for a declaration of remission of part of the customs debt corresponding to those duties – the Court of First Instance (Fifth Chamber), composed of P. Lindh, President, R. García-Valdecasas and J.D. Cooke, Judges; J. Palacio González, Principal Administrator, for the Registrar, has given a judgment on 14 December 2004, in which it:

(1)  OJ C 7 of 11.1.2003.