Notice for the OJ
Action brought on 12 December 2001 by Peter Biegi Nahrungsmittel GmbH against the Commission of the European Communities
(Case T-309/01)
Language of the case: German
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 12 December 2001 by Peter Biegi Nahrungsmittel GmbH, of Frankfurt am Main (Germany), represented by K. Landry and L. Harings, lawyers.
The applicant claims that the Court should:
(annul the Commission's decision No REC 4/00 of 14 August 2001 in so far as it orders the subsequent entry in the accounts of import duties amounting to DEM 218 605.65;
(order the defendant to reimburse to the applicant the costs necessarily incurred in the proceedings.
Pleas in law and main arguments:
On the basis of oral information provided by the competent customs authority, to the effect that production of import certificates for the importation of chickens in the context of two specific quotas was not necessary, the applicant submitted a declaration in respect of the import of frozen chicken pieces originating in Thailand under CN Code No 0207 41 10. The authority initially granted relief from import duties, but subsequently charged the applicant import duties amounting to DEM 259 270.23. The applicant raised an objection to that decision and the national authorities referred the matter to the Commission.
The applicant claims that the contested decision infringes the EC Treaty and the general principles of Community law, as well as Article 220(2)(b) of Regulation No 2913/92
1. According to the applicant, the German customs authorities undeniably committed an error, and that error could not reasonably have been detected by the applicant. The legal position was unclear, and the applicant fulfilled its obligation to exercise due care.