Judgment of the General Court of 16 April 2015 — Schenker Customs Agency v Commission.
(Case T-576/11) 1
(Customs Union — Post-clearance recovery of import duties — Importation of glyphosate originating from Taiwan — Application for remission of import duties submitted by a customs agent — Article 239 of Regulation (EEC) No 2913/92 — Fairness clause — Special situation — Declarations for release for free circulation — Certificates of incorrect origin — Concept of obvious negligence — Commission decision declaring remission of duties not justified)
Language of the case: Dutch
Parties
Applicant: Schenker Customs Agency BV (Rotterdam, Netherlands) (represented by: J. Biermasz and A. Jansen, lawyers)
Defendant: European Commission (represented initially by L. Keppenne and F. Wilman and subsequently by A. Caeiros and B.-R. Killmann, Agents, and by Y. Van Gerven, lawyer)
Re:
Application for annulment of Commission Decision C (2011) 5208 final of 27 July 2011, finding that the remission of import duties is not justified in a particular case (Case REM 01/2010)
Operative part of the judgment
The Court:
Dismisses the action;
Orders Schenker Customs Agency BV to bear its own costs and to pay those incurred by the European Commission.
________________________1 OJ C 25, 28.1.2012.