Judgment — ECLI:EU:T:2009:251
Date: 2009-07-08
Language of the case: Dutch
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Financial provisions;Own resources
Concepts: Own resources of the Communities
Procedure: Action for annulment - unfounded
Origin: Belgium

Judgment of the Court of First Instance (Fourth Chamber) of 8 July 2009 – DSV Road v Commission (Case T-219/07) Customs union – Importation of diskettes originating in Thailand – Post-clearance recovery of import duties – Application for remission of import duties – Articles 220(2)(b) and 239 of Regulation (EC) No 2913/92 1. Own resources of the European Communities – Post-clearance recovery of import or export duties (Council Regulation No 2913/92, Art. 220(2)(b)); Commission Regulation No 2454/93, Art. 81(6)) (see paras 35-38, 40) 2. Own resources of the European Communities – Repayment or remission of import duties – Fairness clause established by Article 239 of the Community Customs Code (Council Regulation No 2913/92, Art. 239; Commission Regulation No 2454/93, Art. 904(c)) (see paras 55-57) Re: APPLICATION for annulment of the Commission decision of 24 April 2007 informing the Belgian authorities that they may proceed with post-clearance recovery of import duties on diskettes originating in Thailand and that there are no grounds for granting remission of those duties (file reference REC 05/02). Operative part The Court: 1. Dismisses the application; 2. Orders DSV Road NV to pay the costs.