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:

Operative part

The Court: