Judgment of the Court of First Instance of 29 September 2009 - Thomson Sales Europe v Commission
(Joined Cases T-225/07 and T-364/07)
(Customs union - Imports of colour television receivers manufactured in Thailand - Refund of import duties - Manifest negligence - Post-clearance recovery of import duties - Action for annulment - Act having adverse effects - Inadmissibility)
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 (represented in Case T-225/07by: X. Lewis, H. van Vliet and S. Schønberg and, in Case T-364/07, by: X. Lewis and M. Patakia, acting as Agents)
Re:
In Case T-225/07, annulment of Commission Decision REM 03/05 of 7 May 2007 stating to the French authorities that the refund of import duties is not justified on the importation of colour television receivers manufactured in Thailand covered by their application of 14 September 2005 and, in Case T-364/07, annulment of the letter of the Commission of 20 July 2007 not confirming acquisition of the entitlement to post-clearance recovery of import duties on those items.
Operative part of the judgment
The Court:
Dismisses the actions;
Orders Thomson Sales Europe to bear its own costs and to pay those incurred by the Commission of the European Communities.
____________1 - OJ C 211, 8.9.2007.