Judgment of the General Court of 5 June 2013 – Recombined Dairy System v Commission

(Case T-65/11) ¹

(Customs union – Import of lactoglobulin concentrates from New Zealand – Post-clearance recovery of import duties – Request for remission of import duties – Article 220(2)(b) and Article 236 of Regulation (EEC) No 2913/92)

Language of the case: Danish

Parties

Applicant: Recombined Dairy System A/S (Horsens, Denmark) (represented by: T. Kristjánsson and T. Gønge, lawyers)

Defendant: European Commission (represented by: A.-M. Caeiros, L. Keppenne and B.-R. Killmann, acting as Agents, and P. Dyrberg, lawyer)

Re:

Application for partial annulment of Commission Decision C(2010) 7692 final of 12 November 2010, stating that the post-clearance entry in the accounts of certain import duties was justified and that the remission of such duties was not justified (File REC 03/08)

Operative part of the judgment

The Court:

Annuls Article 1(2) and (4) of Commission Decision C(2010) 7692 final of 12 November 2010 stating that the post-clearance entry in the accounts of certain import duties was justified and that the remission of such duties was not justified (file REC 03/08) as far as it concerns the imports of lactoglobulin concentrates 131 and 8471;

Orders the European Commission to pay its own costs and those incurred by Recombined Dairy System A/S.

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¹ OJ C 103, 2.4.2011.