Judgment of the Court of First Instance (Third Chamber) of 30 November 2006 – Heuschen & Schrouff Oriëntal Foods v Commission

(Case T-382/04)

Customs union – Rice paper from Vietnam – Remission of import duties – Equitable relief – Article 239 of Regulation (EEC) No 2913/92 – Error of the customs authority – Definition of manifest negligence – Principle of equal treatment – Principle of sound administration – Principle of proportionality

Own resources of the European Communities – Repayment or remission of import or export duties (Council Regulation No 2913/92, Art. 239) (see paras 44-46, 70, 73-74, 92-94)

Re:

APPLICATION for annulment of Commission Decision REM 19/2002 of 17 June 2004 finding the remission of import duties in a particular case to be unjustified.

Operative part

The Court:

1. Dismisses the application.

2. Orders the applicant to bear its own costs, as well as those incurred by the Commission.