Case C-161/03: Reference for a preliminary ruling by the Commission de Conciliation et d'Expertise Douaniere (France) by decision of that Court of 18 March 2003 in the case of Customs against CAFOM and SAMSUNG Electronics France
Date: 2003-06-07
Institutions: Court of Justice
Subjects: certificate of origin, customs inspection, export, import, interpretation of the law

C 135/18

EN

Official Journal of the European Union

7.6.2003

2. Annul the respondent ECB’s formal warning of 28 Febru-

ary 2002;

Reference for a preliminary ruling by the Commission de
Conciliation et d’Expertise Douaniere (France) by decision
of that Court of 18 March 2003 in the case of Customs
against CAFOM and SAMSUNG Electronics France

3. Order the defendant to pay the costs.

Pleas in law and main arguments

The Court of First Instance of the European Communities
failed to recognise that the contested measure is an act
adversely affecting the person concerned against which an
action lies under Article 42(1) of the Conditions of Employ-
ment for staff of the ECB.

the order under appeal the
Contrary to the findings of
contested measure is not merely a preparatory act in a multi-
stage procedure which may culminate in dismissal. Rather it is
a direct and immediate infringement (a) of the general right to
protection of personality and (b) of the applicant’s right to
protection of data.

(a)

First the applicant’s general right to protection of person-
ality is directly and immediately affected because the ECB
did not confront the applicant at the appropriate time
with the allegations which formed the subject-matter of
a reproach. The applicant was thus precluded from
responding to the allegations and obtaining immediate
clarification in regard to them. Secondly, the reproach is
said to be based on inaccurate factual assertions, thus
constituting a direct and immediate infringement of the
general right to protection of personality.

(b)

In the contested order the Court of First Instance failed to
recognise the direct and immediate infringement of the
applicant’s right to data protection. The applicant’s right
to be informed, prior to collection of personal data
concerning him, of the purpose pursued thereby was
infringed by the contested act.

In particular, the Court of First Instance failed to recognise that
that infringement is not remedied even where at the end of the
procedure under Article 2.2.5 of the ECB Staff Rules it is
decided not to proceed with dismissal.

(Case C-161/03)

(2003/C 135/26)

Justice of the
Reference has been made to the Court of
European Communities by decision of the Commission de
Conciliation et d’Expertise Douaniere (Customs Arbitration
and Advisory Committee) (France) of 18 March 2003, received
at the Court Registry on 8 April 2003, for a preliminary ruling
in the case of Customs against CAFOM and SAMSUNG
Electronics France on the following questions:

1.

2.

Is Article 27 of Protocol 4 annexed to the EC/Hungary
Agreement of 13 March 1993 to be interpreted as
meaning that the authorities of the importing State must
apply the preferential arrangement established by that
Agreement when the authorities of the exporting State,
to whom they have addressed queries concerning specific
facts on which the granting of the arrangement depends,
merely declare that the products to which the certificates
of origin which they have issued relate fulfil the conditions
for granting the arrangement?

Is a reply furnished by the authorities of the exporting
State after the expiry of the 10-month period referred to
in Article 27(7) of the [Protocol] to be taken into account
in determining whether the goods in question qualify for
the preferential arrangement?

if

3. May it be inferred from Article 27(2) of the [Protocol]
the request for verification is made by the
that,
authorities of the importing State more than two years
after the disputed operations, the fact that the authorities
of the exporting State are unable to carry out that
investigation since they have not kept the necessary
documents must mean that the goods qualify for the
preferential arrangement?