Judgment of the General Court of 19 March 2013 - Firma Van Parys v Commission
(Case T-324/10)
(Customs union - Imports of bananas from Ecuador - Post-clearance recovery of import duties - Request for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 - Error by the customs authorities - Obvious negligence on the part of the interested party)
Language of the case: Dutch
Parties
Applicant: Firma Léon Van Parys (Antwerp, Belgium) (represented: initially by P. Vlaemminck and A. Hubert and subsequently by Vlaemminck, R. Verbeke and J. Auwerx, lawyers)
Defendant: European Commission (represented by: L. Keppenne and F. Wilman, acting as Agents)
Intervener in support of the applicant: Kingdom of Belgium (represented by J.-C. Halleux and M. Jacobs, Agents, and by P. Vander Schueren, lawyer)
Re:
Application for annulment, in part, of Commission Decision C(2010) 2858 of 6 May 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is justified with regard to a debtor but is not justified in the particular case of another debtor.
Operative part of the judgment
The Court:
Annuls Article 1(3) of Commission Decision C(2010) 2858 final of 6 May 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is justified with regard to a debtor but is not justified in the particular case of another debtor;
Dismisses the action as to the remainder;
Orders the European Commission to bear its own costs and to pay those incurred by Firma Léon Van Parys NV;
Orders the Kingdom of Belgium to bear its own costs.
____________1 - OJ C 274, 9.10.2010.