Notice for the OJ

 

Action brought on 2 November 2001 by Aslantrans AG against the Commission of the European Communities

    (Case T-282/01)

    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 2 November 2001 by Aslantrans AG, established at Rickenbach bei Wil (Switzerland), represented by J. Weigell, lawyer.

The applicant claims that the Court should:

(annul the Commission's decision (REM 19/00) of 18 July 2001 finding the remission of import duty by the Federal Republic of Germany to the applicant to be unjustified, and authorise the Federal Republic of Germany, pursuant to Article 908(3) of Regulation (EEC) No 2454/93¹, to remit to the applicant, in accordance with its application of 28 May 1998, duty already paid in the sum of DEM 395 392.01;

(order the defendant to pay the costs.

Pleas in law and main arguments:

In May 1997 the applicant despatched, at a principal customs office in Belgium, 12 110 000 cigarettes under the external Community transit procedure for transportation from Antwerp to Montenegro, the customs office of destination being in Austria. During a stop at a motorway rest area, the lorry and the consignment which it was carrying were stolen; the lorry driver reported the theft immediately at the competent police headquarters.

The parties are in dispute concerning the question whether, on the facts, the defendant is obliged, pursuant to Article 239 of Regulation (EEC) No 2913/92², to authorise the Federal Republic of Germany to remit the customs duties already paid.

The applicant argues that the remission application should be granted, not least because the Commission did not give a decision within the nine-month time-limit prescribed by Article 907 of the regulation implementing the Customs Code. The applicant further claims that it has been the victim of organised crime and that the theft of the lorry occurred in "special circumstances" within the meaning of Article 239 of Regulation (EEC) No 2913/92.

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¹ - Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ 1993 L 253, p. 1).

² - Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1).