Case T-382/04: Judgment of the Court of First Instance of 30 November 2006 — Heuschen & Schrouff Oriëntal Foods v Commission (Customs union — Rice paper from Vietnam — Remission of import duties — Equitable relief — Article 239 of Regulation (EEC) No 2913/92 — Error of the customs authority — Definition of manifest negligence — Principle of equal treatment — Principle of sound administration — Principle of proportionality)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: Combined Nomenclature, European Commission, Netherlands, action for annulment (EU), customs drawback, foodstuff, import, rice

C 331/36

EN

Official Journal of the European Union

30.12.2006

Operative part of the judgment

2. Orders the parties each to bear their own costs.

The Court:

1. Dismisses the actions as inadmissible;

(1) OJ C 284, 20.11.2004.

2. Orders the Commission to bear its own costs and half of those
incurred by the applicant. The applicant is to bear half of its own
costs.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance of 30 November
2006 — J v Commission

(Case T-379/04) (1)

(Remuneration — Expatriation allowance and installation
allowance — Conditions laid down in Articles 4(1)(a) and 5
(1) of Annex VII to the Staff Regulations — ‘Work done for
another State’ — Recovery of sums paid but not due)

Judgment of the Court of First Instance of 30 November
2006 — Heuschen & Schrouff Oriëntal Foods v Commis-
sion

(Case T-382/04) (1)

(Customs union — Rice paper from Vietnam — Remission of
import duties — Equitable relief — Article 239 of Regulation
(EEC) No 2913/92 — Error of the customs authority — Defi-
nition of manifest negligence — Principle of equal treatment
— Principle of sound administration — Principle of propor-
tionality)

(2006/C 331/80)

Language of the case: Dutch

(2006/C 331/79)

Language of the case: Italian

Parties

Parties

Applicant: Heuschen & Schrouff Oriëntal Foods Trading BV
(Landgraaf, Netherlands) (represented by: H. de Bie, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: X. Lewis, Agent, assisted by F. Tuytschaever, lawyer)

Applicant: J (Brussels, Belgium) (represented by: C. Forte, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and M. Velardo, Agents)

Re:

Re:

Application for annulment of the Commission's decision of 10
June 2004 expressly rejecting the applicant's complaints, and of
the Commission's decision of 31 October 2003 refusing her the
expatriation allowance and the installation allowance provided
for in Articles 4 and 5, respectively, of Annex VII to the Staff
Regulations of the European Communities, and of the Commis-
sion's decision of 10 December 2003 demanding repayment of
the sums received in that respect.

Operative part of the judgment

The Court:

1. Dismisses the application.

Application for annulment of Commission Decision REM
19/2002 of 17 June 2004 finding the remission of import
duties in a particular case to be unjustified

Operative part of the judgment

The Court:

1. Dismisses the application.

2. Orders the applicant to bear its own costs, as well as those incurred

by the Commission.

(1) OJ C 6, 8.1.2005.