Order — ECLI:EU:C:2013:96
Date: 2013-02-21
Language of the case: French
Court formation: Sixth Chamber
Subject matter: Dumping;External relations;Free movement of goods;Commercial policy;Common customs tariff;Customs Union
Procedure: Action for annulment;Appeal - unfounded
Origin: France

Order of the Court (Sixth Chamber) of 21 February 2013 — Saupiquet v Commission (Case C‑37/12 P) Appeal — Common customs tariff — Tariff quotas — Sunday closure of customs offices — Infringement of the principle of equal treatment — Imputability European Union own ressources — Customs‑approved treatments or uses — Release for free circulation — Administration of tariff quotas — Tariff quota opened on a Sunday, the day on which the customs offices in a Member State are closed, and exhausted on the same day — Exclusion from the exhausted tariff quota of an operator established in that Member State — Lawfulness — Infringement of the principles of equal treatment and non‑discrimination — No such infringement (Council Regulation No 2913/92, as amended by Regulation No 1791/2006, Art. 239; Commission Regulation No 2454/93, as amended by Regulation No 1427/97, Art. 308a to 308c) (see paras 36, 37, 41, 42, 49) Re: Appeal against the judgment of the General Court (Fifth Chamber) of 24 November 2011 in Case T‑131/10 Saupiquet v Commission by which the General Court dismissed an application for annulment of Commission Decision C(2009) 10005 final of 16 December 2009, holding that refunding import duties on canned tuna fish originating in Thailand to the appellant is not justified — Closure of customs offices on Sundays in certain Member States — Infringement of the principle of equal treatment — Erroneous interpretation. Operative part 1. The appeal is dismissed. 2. Saupiquet SAS is ordered to pay the costs.