Judgment of the Court (First Chamber) of 18 October 2007 — Nordspedizionieri di Danielis Livio & C. Snc, in liquidation, Domenico D'Alessandro v Commission of the European Communities

(Case C-62/05 P) (1)

(Appeal - Regulation (EEC) No 1430/79 - Remission of import duties - Consignment of cigarettes destined for Spain - Fraud committed in a Community transit operation)

(2007/C 315/07)

Language of the case: Italian

Parties

Appellants: Nordspedizionieri di Danielis Livio & C. Snc, in liquidation, Livio Danielis and Domenico D'Alessandro (represented by: G. Leone, lawyer)

Other party to the proceedings: Commission of the European Communities (represented by: X. Lewis, Agent, and G. Bambara, lawyer)

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 14 December 2004, in Case T-332/02 Nordspedizionieri di Danielis Livio and Others v Commission dismissing an action for the annulment of the Commission decision (REM 14/01) of 28 June 2002 informing the Italian authorities that there is no ground for the remission of import duties on a cargo of cigarettes destined for Spain on the ground that a fraud committed by third parties in the course of a Community transit operation does not constitute a special situation justifying the remission of import duties

Operative part of the judgment

The Court:

(1)  OJ C 82, 2.4.2005.