Judgment of the General Court of 15 December 2016 — Spain v Commission
(Case T-466/14) 1
(Customs Union — Importation of tuna products from El Salvador — Post-clearance recovery of import or export duties — Application for non-recovery of import duties — Article 220(2)(b) and Article 236 of Regulation (EEC) No 2913/92 — Right to good administration under Article 872a of Regulation (EEC) No 2454/93 — Error of the competent authorities not reasonably capable of being detected)
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented initially by A. Rubio González, and subsequently by V. Ester Casas, abogados del Estado)
Defendant: European Commission (represented by: P. Arenas, A. Caeiros and B.-R. Killmann, acting as Agents)
Re:
Action based on Article 263 TFEU and seeking annulment of Commission Decision C(2014) 2363 final of 14 April 2014 which found, in a particular case, that the remission of import duties is justified for a certain amount, but not for another amount (REM 02/2013), inasmuch as it concludes that the remission of the import duties of EUR 14 417 193.41 is not justified.
Operative part of the judgment
The Court:
Dismisses the action;
Orders the Kingdom of Spain to bear its own costs and to pay those incurred by the European Commission.
____________1 OJ C 261, 11.8.2014.