Order of the Court (First Chamber) of 8 July 2002 in Case 203/01 (reference for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal)): Fazenda Pública v Antero & Co. Ltd (Article 104(3) of the Rules of Procedure — Post-clearance recovery of import duties — Entry in the accounts of the import duties to be collected — Calculation of the time-limit for taking action for recovery)
Date: 2002-11-09
Institutions: Court of Justice
Subjects: customs debt, customs duties, customs regulations, interpretation of the law

C 274/16

EN

Official Journal of the European Communities

9.11.2002

ORDER OF THE COURT

(First Chamber)

of 8 July 2002

Appeal brought on 30 July 2002 by Nuno Antas de
Campos against the judgment delivered on 14 May 2002
by the Second Chamber of the Court of First Instance of
the European Communities in Case T-194/00 (1) between
Nuno Antas de Campos and European Parliament

in Case 203/01 (reference for a preliminary ruling from
the Supremo Tribunal Administrativo (Portugal)): Fazen-
da Pública v Antero & Co. Ltd (1)

(Article 104(3) of the Rules of Procedure — Post-clearance
recovery of import duties — Entry in the accounts of the
import duties to be collected — Calculation of the time-limit
for taking action for recovery)

(2002/C 274/26)

(Language of the case: Portuguese)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-203/01: reference to the Court under Article 234
EC from the Supremo Tribunal Administrativo (Supreme
Administrative Tribunal)
for a preliminary ruling in the
proceedings pending before that court between Fazenda
Pública v Antero & Co. Ltd., intervener: Ministério Público —
on the interpretation of Articles 1, 2 and 5 of Council
Regulation (EEC) No 1697/79 of 24 July 1979 on the post-
clearance recovery of import duties or export duties which
have not been required of the person liable for payment on
goods entered for a customs procedure involving the obligation
to pay such duties (OJ 1979 L 197, p. 1) — the Court (First
Chamber), composed of: P. Jann (Rapporteur), President of the
Chamber, M. Wathelet and A. Rosas, Judges; A. Tizzano,
Advocate General; R. Grass, Registrar, has made an order on
8 July 2002, in which it has ruled:

The expression ‘entry in the accounts’ used in Article 1(2)(c) and in
the second subparagraph of Article 2(1) of Council Regulation (EEC)
No 1697/79 of 24 July 1979 on the post-clearance recovery of
import duties or export duties which have not been required of the
person liable for payment on goods entered for a customs procedure
involving the obligation to pay such duties refers to the administrative
act determining the amount of the import or export duties to be
collected by the competent authorities and not to the entry by the
customs authorities in accounts books, or on equivalent computer
media, of such amount. Such entry is not a condition prior essential
to the taking of action for post-clearance recovery.

( 1) OJ 2001 C 227.

(Case C-279/02 P)

(2002/C 274/27)

An appeal against the judgment delivered on 14 May 2002 by
the Second Chamber of the Court of First Instance of the
European Communities in Case T-194/00 between Nuno
Antas de Campos and European Parliament was brought
before the Court of Justice of the European Communities on
30 July 2002 by Nuno Antas de Campos, represented by
C. Botelho Moniz and E. Maia Cadete, lawyers.

The appellant claims that the Court should:

— quash the contested judgment for errors in law, as a result
of the misapplication, in the present case, of the principle
of sound administration, the duty to provide reasons, the
principle of equality and non-discrimination and the rules
guaranteeing the right to a fair hearing;

— also on the grounds of breach of the principle of sound
administration and of the duty to provide reasons and
the principle of equality and non-discrimination, annul
the decision of the President of the European Parliament,
letter
communicated to the appellant by means of
No 109172, of 14 July 2000, in reply to a complaint
submitted by him on 2 December 1999;

— refer the case back to the Court of First Instance for
assessment of the facts in support of the claim for
compensation, the case to proceed to final judgment on
that matter;

— in the event that the judgment of the Court of First
Instance is quashed on the sole ground of infringement
of the right to a fair hearing, refer the case back to the
Court of First Instance to hear the evidence previously
passed over;

— order the European Parliament to pay the costs of these
proceedings as well as those incurred by the appellant in
Case T-194/00.