Order of the General Court of 9 December 2013 – El Corte Inglés v Commission
(Case T-38/09) 1
(Customs Union – Import of textiles declared to have originated in Jamaica – Recovery ‘a posteriori’ of import duties – Application for remission of duties – Articles 220(2)(b) and 239 of Regulation (EEC) No 2913/92 – Commission decision rejecting that application – Annulment by the national court of the decision of the national authorities to enter in the accounts duties a posteriori – No need to adjudicate)
Language of the case: Spanish
Parties
Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: M. Baz and P. Muñiz, lawyers)
Defendant: European Commission (represented by: G. Valero Jordana and L. Keppenne, acting as Agents)
Intervener in support of the applicant: Axstores AB, formerly Åhléns AB (Stockholm, Sweden) (represented initially by P. Fohlin and U. Käll, subsequently by U. Käll and T. Wetterlundh, lawyers)
Re:
Application for annulment of Commission Decision C(2008) 6317 final of 3 November 2008, finding, first, that it is justified to proceed to recovery a posteriori of those import duties not demanded from the applicant and, second, that the remission of those duties is not justified by the existence of a special situation, regarding the import of textiles declared to have originated in Jamaica (Case REM 03/07).
Operative part of the order
1. There is no longer any need to adjudicate on the action.
2. Each party shall bear its own costs.
________________________1 OJ C 69, 21.3.2009.