Case T-282/01: Action brought on 2 November 2001 by Aslantrans AG against the Commission of the European Communities
Date: 2002-02-16
Institutions: Court of First Instance
Subjects: CCT duties, European Commission, action for annulment, commercial vehicle, redemption, theft, transport company

16.2.2002

EN

Official Journal of the European Communities

C 44/17

1.

2.

The application for interim measures is dismissed.

The costs are reserved.

Action brought on 2 November 2001 by Aslantrans AG
against the Commission of the European Communities

(Case T-282/01)

(2002/C 44/33)

(Language of the case: German)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 2 November 2001 by Aslantrans
AG, established at Rickenbach bei Wil (Switzerland), represent-
ed by J. Weigell, lawyer.

The applicant claims that the Court should:

— annul the Commission’s decision (REM 19/00) of 18 July
2001 finding the remission of import duty by the Federal
Republic of Germany to the applicant to be unjustified,
and authorise the Federal Republic of Germany, pursuant
to Article 908(3) of Regulation (EEC) No 2454/93 (1), to
remit to the applicant, in accordance with its application
of 28 May 1998, duty already paid in the sum of
DEM 395 392,01;

— order the defendant to pay the costs.

Pleas in law and main arguments

In May 1997 the applicant despatched, at a principal customs
office in Belgium, 12 110 000 cigarettes under the external
transportation from
Community transit procedure
Antwerp to Montenegro, the customs office of destination
being in Austria. During a stop at a motorway rest area, the
lorry and the consignment which it was carrying were
stolen; the lorry driver reported the theft immediately at the
competent police headquarters.

for

The parties are in dispute concerning the question whether, on
the facts, the defendant is obliged, pursuant to Article 239 of
Regulation (EEC) No 2913/92 (2), to authorise the Federal
Republic of Germany to remit the customs duties already paid.

The applicant argues that the remission application should be
granted, not least because the Commission did not give a
decision within the nine-month time-limit prescribed by
Article 907 of the regulation implementing the Customs Code.
The applicant further claims that it has been the victim of
organised crime and that the theft of the lorry occurred in
‘special circumstances’ within the meaning of Article 239 of
Regulation (EEC) No 2913/92.

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

(2) Council Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code (OJ 1992 L 302, p. 1).

Action brought on 13 November 2001 by Organizacio´ n
de Productores de Tu´ nidos Congelados against Com-
mission of the European Communities

(Case T-283/01)

(2002/C 44/34)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 13 November 2001 by Organiza-
cio´ n de Productores de Tu´ nidos Congelados, whose registered
office is at Bermeo (Vizcaya, Spain), represented by Ramo´ n
Garcia-Gallardo and Javier Guillén Carrau, lawyers.

The applicant claims that the Court should:

— declare the present application admissible;

— annul

the act which is the subject of

the present
application, by which the European Commission has
reduced the quantities eligible for compensatory allow-
ance in respect of OPTUC, namely, Article 2(2) of and the
annex to Commission Regulation (EC) No 1670/2001 of
20 August 2001 providing for compensation to producer
organisations for tuna delivered to the processing industry
between 1 October and 31 December 2000 (1);