Notice for the OJ
Action brought on 8 August 2002 by Commonfood Handelsgesellschaft für Agrar-Produkte mbH against the Commission of the European Communities
(Case T-239/02)
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 8 August 2002 by Commonfood Handelsgesellschaft für Agrar-Produkte mbH, of Langen (Germany), represented by K. Landry and L. Harings, lawyers.
The applicant claims that the Court should:
(annul the Commission's decision No REC 4/01 of 5 March 2002;
(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 on 24 July 1995 submitted a declaration in respect of the import in several consignments of frozen chicken pieces originating in Thailand under CN Code No 0207 41 10. The competent principal customs office initially granted relief from import duties, but subsequently charged the applicant import duties amounting to EUR 113 566.14. The applicant raised an objection to that decision and the national authorities referred the matter to the Commission for a decision. By the contested decision, the Commission found that the import duties were to be entered in the accounts after the event.
The pleas in law and arguments correspond to those advanced in Case T-309/01
Peter Biegi Nahrungsmittel GmbH v
Commission1.