Case T-26/03: Action brought on 28 January 2003 by LEP International BV against the Commission of the European Communities
Date: 2003-03-22
Institutions: Court of First Instance
Subjects: CCT duties, European Commission, action for annulment (EU), carriage of goods, meat, transit

22.3.2003

EN

Official Journal of the European Union

C 70/31

Action brought on 28 January 2003 by LEP International
BV against the Commission of the European Communities

(Case T-26/03)

(2003/C 70/49)

(Language of the case: Dutch)

The applicant states, moreover, that it acted in good faith and
that it was not to blame for the irregularities. Nor, according
to the applicant, can any manifest negligence be imputed to it.
The fact that the applicant did not take out insurance does
not, according to it, constitute negligence. On the contrary,
businesses are free to decide whether and, if so, how they
cover themselves against possible risks.

(1) Council Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code (OJ No L 302,
19.10.1992, p. 1).

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 28 January 2003 by LEP Inter-
national BV, established in Schiphol-Rijk (Netherlands), rep-
resented by Cornelis de Bie and Paul Bakker.

The applicant claims that the Court should:

— annul the decision of the European Commission.

Action brought on 30 January 2003 by S.P. S.p.A against
Commission of the European Communities

(Case T-27/03)

(2003/C 70/50)

Pleas in law and main arguments

(Language of the case: Italian)

The applicant seeks the annulment of the Decision of the
European Commission of 7 October 2002 in case REM 08/
003 concerning an application for remission of import duties
under Article 239 of Regulation (EEC) No 2913/92 (1).

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 30 January 2003 by S.P. S.p.A.,
represented by Gianluca Belotti and Nicola Pisani, lawyers.

The applicant drew up, on the instructions of Hector Inter-
national Tpt. Ltd., documents for the transport of meat to
Morocco under the external Community transit procedure.
However, the applicant states that,
through acts of third
parties, that transit operation was not properly discharged, as
a result of which the applicant, as the holder of the documents,
was requested to pay the customs duties owed. It therefore
submitted an application to the Netherlands authorities for
remission of the import duties owed. The application was
in the
forwarded to the Commission, which rejected it
contested decision.

The applicant claims that the Court should:

— declare non-existent and/or null and void or, in any event,

annul the contested decision;

— in the alternative, annul or reduce the penalty imposed

on S.P.;

— in any event, order the defendant to pay the costs.

The applicant argues that the contested decision infringes
Article 239 of Regulation (EEC) No 2913/92, that it assesses
the facts incorrectly and that it is based on an inadequate
statement of reasons.

Pleas in law and main arguments

According to the applicant, a special circumstance exists since
the customs authorities knew at an early stage that the external
transit procedure would not be discharged and did not inform
the applicant of this. The applicant further argues that a special
circumstance exists inasmuch as a Spanish official may have
been involved.

Among various grounds of annulment, the applicant alleges
lack of competence of the Commission to adopt on 17 Decem-
ber 2002 a decision based on Article 65 of the ECSC Treaty
when that treaty expired on 22 July 2002, resulting in the
nullity of
the decision. According to the applicants, the
Commission did not have the power to adopt the abovemen-
tioned decision in the absence of an express decision to that
effect on the part of the Member States.