Opinion of the Advocate General — ECLI:EU:C:2000:506
Date: 2000-09-26
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Customs Union
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 
Customs union — Application of the customs rules — Right of action — Suspension of 
implementation — Authorities competent to suspend implementation 
(Council Regulation No 2913/92, Arts 243 and 244) 
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SUMMARY — CASE C-226/99 
Article 244 of Regulation No 2913/92 
establishing the Community Customs Code 
is to be interpreted as meaning that it 
confers the power to suspend implementa­
tion of a contested decision exclusively on 
the customs authorities. However, that 
provision does not limit the power of the 
judicial authorities seised of a dispute 
pursuant to Article 243 of that Code to 
order such suspension in order to comply 
with their obligation to ensure the full 
effectiveness of Community law. 
(see para. 20 and operative part) 
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