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Document 62009TJ0191
Judgment of the General Court (Seventh Chamber) of 16 December 2010.#Hit Trading BV and Berkman Forwarding BV v European Commission.#Customs Union - Importation of compact fluorescent lamps with integrated electronic ballasts (CFL-i) from Pakistan - Post-clearance recovery of import duties - Application for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92.#Case T-191/09.
Judgment of the General Court (Seventh Chamber) of 16 December 2010.
Hit Trading BV and Berkman Forwarding BV v European Commission.
Customs Union - Importation of compact fluorescent lamps with integrated electronic ballasts (CFL-i) from Pakistan - Post-clearance recovery of import duties - Application for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92.
Case T-191/09.
Judgment of the General Court (Seventh Chamber) of 16 December 2010.
Hit Trading BV and Berkman Forwarding BV v European Commission.
Customs Union - Importation of compact fluorescent lamps with integrated electronic ballasts (CFL-i) from Pakistan - Post-clearance recovery of import duties - Application for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92.
Case T-191/09.
Thuarascálacha na Cúirte Eorpaí 2010 II-00283*
ECLI identifier: ECLI:EU:T:2010:535
Judgment of the General Court (Seventh Chamber) of 16 December 2010 – HIT Trading and Berkman Forwarding v Commission
(Case T-191/09)
Customs Union – Importation of compact fluorescent lamps with integrated electronic ballasts (CFL-i) from Pakistan – Post-clearance recovery of import duties – Application for remission of import duties – Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92
1. Own resources of the European Union – Post-clearance recovery of import or export duties – Conditions for not taking account of import duties set out in Article 220(2)(b) of Regulation No 2913/92 (Council Regulation No 2913/92, Arts 62(1) and 220(2)(b)) (see paras 42-44, 53-61, 72-73)
2. Own resources of the European Union – Post-clearance recovery of import or export duties – No publication, by the Commission, of a notice to importers in the event of doubts as to the origin of goods likely to be subject to anti-dumping duties (Council Regulation No 2913/92) (see paras 79-81)
3. Own resources of the European Union – Repayment or remission of import duties – Fairness clause instituted by Article 239 of the Community Customs Code and Article 905 of implementing Regulation No 2454/93 – Particular situation – Concept (Council Regulation No 2913/92, Art. 239; Commission Regulation No 2454/93, Art. 905) (see paras 91-92, 95-99)
Re:
APPLICATION for annulment of Commission Decision C(2009) 747 final of 12 February 2009, stating that post-clearance entry in the accounts of certain import duties was justified and that the remission of such duties was not justified (File reference: REC 01/08). |
Operative part
The Court:
1. |
Dismisses the application; |
2. |
Orders Hit Trading BV and Berkman Forwarding BV to pay the costs. |