# C_2011179EN.01001103.xml

| 18.6.2011 | EN | Official Journal of the European Union | C 179/11 |
| --- | --- | --- | --- |

18.6.2011

EN

Official Journal of the European Union

C 179/11

---

Reference for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen (Belgium) lodged on 4 April 2011 — Annex Customs BVBA v Belgische Staat and KBC Bank NV

(Case C-163/11)

2011/C 179/21

Language of the case: Dutch

Referring court

Referring court

Rechtbank van eerste aanleg te Antwerpen

Parties to the main proceedings

Parties to the main proceedings

Applicant: Annex Customs BVBA

Defendants:

| | Belgische Staat |
| --- | --- |

Belgische Staat

| | KBC Bank NV |
| --- | --- |

KBC Bank NV

Questions referred

Questions referred

| 1. | Should Article 450c(1)(b) of Commission Regulation (EEC) No 2454/93 (1) of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, as added by Article 1, point 53, of Commission Regulation (EC) No 2787/2000 (2) of 15 December 2000, be interpreted as meaning that the notification referred to therein is only enforceable if it states the precise amounts that could possibly be claimed from the guarantor? |
| --- | --- |

1.

Should Article 450c(1)(b) of Commission Regulation (EEC) No 2454/93 (1) of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, as added by Article 1, point 53, of Commission Regulation (EC) No 2787/2000 (2) of 15 December 2000, be interpreted as meaning that the notification referred to therein is only enforceable if it states the precise amounts that could possibly be claimed from the guarantor?

1

2

| 2. | Should Article 450c(2) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, as added by Article 1, point 53, of Commission Regulation (EC) No 2787/2000 of 15 December 2000, be interpreted as meaning that the guarantor who, after having received a notification as referred to in Article 450c(1)(a) within three years of the date of acceptance of the transit declaration, receives a notification in which other amounts are mentioned than the amounts which are later claimed from him, is released from his obligations? |
| --- | --- |

2.

Should Article 450c(2) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, as added by Article 1, point 53, of Commission Regulation (EC) No 2787/2000 of 15 December 2000, be interpreted as meaning that the guarantor who, after having received a notification as referred to in Article 450c(1)(a) within three years of the date of acceptance of the transit declaration, receives a notification in which other amounts are mentioned than the amounts which are later claimed from him, is released from his obligations?

---

(1)  OJ 1993 L 253, p. 1.

1

(2)  Commission Regulation (EC) No 2787/2000 of 15 December 2000 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (Text with EEA relevance) (OJ 1993 L 330, p. 1).

2

---