Judgment of the General Court (Fifth Chamber) of 24 November 2011 – Saupiquet v Commission
(Case T-131/10)
Customs duty – Repayment of import duties – Canned tuna originating in Thailand – Tariff quota – Opening date – Sunday – Exhaustion of quota – Article 239 of the Community Customs Code – Articles 308a to 308c of Regulation (EEC) No 2454/93 – Regulation (EC) No 975/2003
1. Own resources of the European Union – Customs destinations – Release for free circulation – Tariff quota management – Tariff quota opening on a Sunday, closing day of the customs offices in a Member State, and exhausted the same day – Exclusion from the tariff quota thus exhausted, of an operator established in that Member State – Lawfulness (Council Regulation No 2913/92, as amended by Regulation No 2700/2000, Art. 239; Commission Regulation No 2454/93, as amended by Regulation No 214/2007, Arts 308a to 308c) (see paras 27-28)
2. Own resources of the European Union – Customs destinations – Release for free circulation – Tariff quota management – Exclusion of an EU importer from a tariff quota opened on a Sunday, by reason of the Sunday closing of customs offices in the Member State of that importer – Infringement by the Commission of the obligation to make necessary legislative provisions to ensure equal and non-discriminatory access to the tariff quota – None (Charter of Fundamental Rights of the European Union, Arts 20 and 21; Council Regulations No 2913/92, as amended by Regulation No 2700/2000, Arts 247 and 247a, and No 975/2003, Art. 7; Commission Regulation No 2454/93, as amended by Regulation No 214/2007, Arts 308a to 308c) (see paras 30-32, 35-38, 43-45)
Re:
| APPLICATION for annulment of Commission Decision C(2009) 10005 final of 16 December 2009 finding no justification for repayment to the applicant of import duties on cans of tuna originating in Thailand. |
Operative part
The Court:
2. | | Orders Saupiquet to pay the costs. |