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Document 62007CA0204
Case C-204/07 P: Judgment of the Court (Third Chamber) of 25 July 2008 — C.A.S. SpA v Commission of the European Communities (Appeals — EEC-Turkey Association Agreement — Regulation (EEC) No 2913/92 — Article 239 — Community Customs Code — Repayment and remission of import duty — Fruit juice concentrate from Turkey — Movement certificates — Falsification — Special situation)
Case C-204/07 P: Judgment of the Court (Third Chamber) of 25 July 2008 — C.A.S. SpA v Commission of the European Communities (Appeals — EEC-Turkey Association Agreement — Regulation (EEC) No 2913/92 — Article 239 — Community Customs Code — Repayment and remission of import duty — Fruit juice concentrate from Turkey — Movement certificates — Falsification — Special situation)
Case C-204/07 P: Judgment of the Court (Third Chamber) of 25 July 2008 — C.A.S. SpA v Commission of the European Communities (Appeals — EEC-Turkey Association Agreement — Regulation (EEC) No 2913/92 — Article 239 — Community Customs Code — Repayment and remission of import duty — Fruit juice concentrate from Turkey — Movement certificates — Falsification — Special situation)
IO C 236, 13.9.2008, p. 3–3
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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13.9.2008 |
EN |
Official Journal of the European Union |
C 236/3 |
Judgment of the Court (Third Chamber) of 25 July 2008 — C.A.S. SpA v Commission of the European Communities
(Case C-204/07 P) (1)
(Appeals - EEC-Turkey Association Agreement - Regulation (EEC) No 2913/92 - Article 239 - Community Customs Code - Repayment and remission of import duty - Fruit juice concentrate from Turkey - Movement certificates - Falsification - Special situation)
(2008/C 236/04)
Language of the case: German
Parties
Appellant: C.A.S. SpA (represented by: D. Ehle, Rechtsanwalt)
Other party to the proceedings: Commission of the European Communities (represented by: M. Patakia and S. Schønberg, acting as Agents, assisted by M. Núñez Müller, Rechtsanwalt)
Re:
Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 6 February 2007 in Case T-23/03 C.A.S. v Commission dismissing the application for partial annulment of Commission Decision REC 10/01 of 18 October 2002 relating to a claim for remission of import duties recovered post-clearance on fruit juice concentrates from Turkey imported under certificates of origin which had proved to be false in a subsequent check — Omissions and errors on the part of the Turkish authorities and the Commission capable of creating a special situation within the meaning of Article 239 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1) — Distribution of the burden of proof as to the existence of a special situation — Legal classification of the documents and facts
Operative part of the judgment
The Court:
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1. |
Sets aside the judgment of the Court of First Instance of 6 February 2007 in Case T-23/03 CAS v Commission; |
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2. |
Annuls Article 2 of the Decision of the Commission of 18 October 2002 (REC 10/01); |
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3. |
Orders the Commission of the European Communities to pay the costs at both instances. |