Action brought on 17 September 2007 — Thomson Sales Europe v Commission

(Case T-364/07)

(2007/C 283/60)

Language of the case: French

Parties

Applicant: Thomson Sales Europe (Boulogne-Billancourt, France) (represented by: F. Goguel and F. Foucault, lawyers)

Defendant: Commission of the European Communities

Form of order sought

Pleas in law and main arguments

By the present action, the applicant seeks annulment of the decision which it claims is contained in a Commission letter of 20 July 2007 stating that the Commission lacks the competence to rule on the applicant's request to the French authorities that it be exempted from post-clearance recovery of duties on the importation of colour television receivers manufactured in Thailand. The applicant's request was forwarded to the Commission by the French authorities as an annex to the application based on Article 239 of the Community Customs Code concerning the remission of import duties (3).

The applicant claims that the Commission was also under an obligation to rule on the application based on Article 220(2)(b) of the Community Customs Code and, by way of a separate letter, requested it to take a decision. In the present action, the applicant contests a decision which it claims is contained in the Commission letter addressed to it in response to its own letter.

The applicant claims that the Commission erred in law by finding that the French authorities had referred the case to it exclusively on the basis of Article 239 of the Community Customs Code, given that, according to the applicant, the documents received by the Commission met the requirements of Article 871 et seq. of Regulation No 2454/93. The applicant takes the view that the Commission is under an obligation to examine whether the conditions for application of Article 220(2)(b) of the Community Customs Code were met in this case, particularly in view of the fact that it had decided to reject its request for remission based on Article 239 of the Code.

(1)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1).

(2)  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ 1993 L 253, p. 1).

(3)  Decision of the Commission of 7 May 2007 ruling on that application and indicating to the French authorities that it was not justified in the applicant's case to accord remission of the duties on importation which were the subject of an action for annulment before the Court of First Instance in Case T-225/07 Thomson Sales Europe v Commission (notice published in OJ C 211, 8.9.2007, p. 36).