Language of document :

Notice for the OJ

 

Judgment of the Court of First Instance of 13 September 2005 - Ricosmos BV v Commission

(Case T-53/02) 1

(Customs law - External Community transit operation concerning cigarettes - Fraud - Application for remission of import duties - Regulation (EEC) No 2913/92 - Regulation (EEC) No 2454/93 - Equity clause - Compliance with time-limits - Rights of the defence - Principle of proportionality - Concept of obvious negligence)

Language of the case: Dutch

Parties

Applicant(s): Ricosmos BV (Delfzijl (Netherlands)) [represented by initially M. Chatelin, M. Fleers and P. Metzler, then by J. Hertoghs, lawyers,]

Defendant(s): Commission of the European Communities [represented by initially M. van Beck and R. Tricot, then by M. van Beck and B. Stromsky, Agents,]

Application for

annulment of Commission Decision REM 09/00 of 16 November 2001 declaring that the remission of import duties in favour of the applicant which is the subject-matter of the application submitted by the Kingdom of the Netherlands is not justified

Operative part of the judgment

The Court:

Dismisses the application;

Orders the applicant to bear its own costs and those of the Commission.

____________

1 -

2 - OJ C 118, 18.5.2002.