Case T-309/01: Action brought on 12 December 2001 by Peter Biegi Nahrungsmittel GmbH against the Commission of the European Communities
Date: 2002-03-02
Institutions: Court of First Instance
Subjects: CCT duties, action for annulment (EU), customs regulations, import, import licence, poultry

C 56/14

EN

Official Journal of the European Communities

2.3.2002

Action brought on 10 December 2001 by Jean-Paul
François against Commission of the European Communi-
ties

Action brought on 12 December 2001 by Peter Biegi
Nahrungsmittel GmbH against the Commission of the
European Communities

(Case T-307/01)

(2002/C 56/26)

(Language of the case: French)

(Case T-309/01)

(2002/C 56/27)

(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 10 December 2001 by Jean-Paul
François, residing in Wavre (Belgium), represented by Anne
Colson, lawyer.

The applicant claims that the Court should:

— annul, in so far as necessary, the opinion of the Disciplin-

ary Board of 9 March 2000;

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 12 December 2001 by Peter Biegi
Nahrungsmittel GmbH, of Frankfurt am Main (Germany),
represented by K. Landry and L. Harings, lawyers.

The applicant claims that the Court should:

— annul

the Commission’s decision No REC 4/00 of
14 August 2001 in so far as it orders the subsequent
entry in the accounts of import duties amounting to
DEM 218 605,65;

— annul the decision of the appointing authority of 5 April

2001 relegating the applicant in step;

— order the defendant to reimburse to the applicant the

costs necessarily incurred in the proceedings.

— annul the decision of the appointing authority of 10 Sep-
tember 2001 rejecting the complaint lodged by the
applicant;

Pleas in law and main arguments

— uphold the application for damages and order the Com-
mission to pay to the applicant EUR 37 500, subject to
increase or decrease as may be decided in the course of
proceedings, as compensation for the economic and non-
material damage suffered;

— order the Commission to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant claims infringement
of the provisions of the Staff Regulations governing disciplin-
ary proceedings, as well as manifest error of assessment.
According to the applicant, his rights of the defence have not
been observed, in particular because he has not been given full
access to the file. Furthermore, certain charges against the
applicant have not,
in his view, been fully substantiated.
Finally, the applicant alleges breach of the principle of non-
discrimination and breach of legitimate expectations.

On the basis of oral information provided by the competent
customs authority, to the effect that production of import
certificates for the importation of chickens in the context of
two specific quotas was not necessary, the applicant submitted
a declaration in respect of the import of frozen chicken pieces
originating in Thailand under CN Code No 020 741 10. The
from import duties, but
authority initially granted relief
subsequently charged the applicant import duties amounting
to DEM 259 270,23. The applicant raised an objection to that
decision and the national authorities referred the matter to the
Commission.

The applicant claims that the contested decision infringes the
EC Treaty and the general principles of Community law,
as well as Article 220(2)(b) of Regulation No 2913/92 (1).
According to the applicant, the German customs authorities
undeniably committed an error, and that error could not
reasonably have been detected by the applicant. The legal
position was unclear, and the applicant fulfilled its obligation
to exercise due care.

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