Action brought on 12 November 2014 — Comber v Commission

(Case T-752/14)

Language of the case: German

Parties

Applicant: Comber SA (Lausanne, Switzerland) (represented by: D. Heel, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul the Commission Decision of 16 July 2014 (REM 05/2013) on the refusal of the application for remission of import duties amounting to EUR 461 415.12;

order the defendant to pay the costs of these proceedings.

Pleas in law and main arguments

In support of the action, the applicant submits that the post-clearance customs duties for the import of linen fabric from Latvia in the years 1999 to 2002 must be remitted in accordance with Article 239 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1) due to the presence of special circumstances. The applicant cites as special circumstances serious breaches of obligations by the Latvian customs authorities, serious breaches of obligations by the European Commission/OLAF and serious misconduct of the German customs authorities. In the applicant’s view, those circumstances cannot be attributed to obvious negligence on its part.