Case T-51/07: Action brought on 22 February 2007 — Agrar-Invest-Tatschl v Commission
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: CCT duties, Croatia, European Commission, action for annulment (EU), customs regulations, import, sugar

28.4.2007

EN

Official Journal of the European Union

C 95/45

Action brought on 22 February 2007 — Agrar-Invest-
Tatschl v Commission

(Case T-51/07)

(2007/C 95/92)

Language of the case: German

Parties

Applicant: Agrar-Invest-Tatschl GmbH (St. Andrä im Lavanttal,
Ausria) (represented by O. Wenzlaff, lawyer)

In support of its claim, the applicant argues that the contested
decision is unlawful, because the conditions for the discounting
of the subsequent entry of the import duties in the accounts
under Article 220(2)(b) of the Customs Code of the Commu-
nities or for the remission of the subsequently entered import
duties under Article 239 of the Customs Code of the Commu-
nities are satisfied.

(1) Council Regulation (EEC) No 2913/92 of 12 October 1992 estab-

lishing the Community Customs Code (OJ 1992 L 302, p. 1).

(2) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying
down provisions for the implementation of Council Regulation (EEC)
No 2913/92 establishing the Community Customs Code (OJ 1993 L
253, p. 1).

Defendant: Commission of the European Communities

Action brought on 19 February 2007 — Trade-Stomil v
Commission

Form of order sought

— annul Article 1(2) and Article 1(3) of Commission Decision
C(2006) 5789 final (REC 05/05) of 4 December 2006;

of

accounts

— order the defendant to find that the subsequent entry into
to
the
import
EUR 110 937,60 in respect of the import of sugar origin-
ating in Croatia by the applicant from 26 June 2002, which
is the subject-matter of the request made by the Republic of
Austria of 10 June 2005, should be discounted;

amounting

duties

(Case T-53/07)

(2007/C 95/93)

Language of the case: English

— in the alternative to the second form of order sought, order
the defendant to find that the import duties amounting to
EUR 110 937,60 in respect of the import of sugar origin-
ating from Croatia by the applicant from 26 June 2002,
which is the subject-matter of
the request made by the
Republic of Austria of 10 June 2005, should be remitted.

Pleas in law and main arguments

The applicant challenges Commission Decision C(2006) 5789
final of 4 December 2006 finding, first, that, as regards a speci-
fied amount, the subsequent entry into the accounts of import
duties was not justified and, secondly, that, as regards a further
amount,
import
the subsequent entry into the accounts of
duties was justified and that the remission of those duties in a
particular case was not justified (request of the Republic of
Austria).

Parties

Applicant: Trade-Stomil Sp z o. o. (Łódź, Poland) (represented
by: F. Carlin, barrister, E. W. Batchelor, solicitor)

Defendant: Commission of the European Communities

Form of order sought

— Annulment of the decision,

in particular Articles 1 to 4

thereof, to the extent that it applies to Trade-Stomil; or

— annulment of Article 2 of the decision insofar as it pertains

to Trade-Stomil; or

In this decision directed at the Republic of Austria, the Commis-
sion came to the conclusion, applying Regulation (EEC) No
2913/92 (1) (‘the Customs Code of the Communities’) and Regu-
lation (EEC) No 2454/93 (2), that the subsequent entry into the
import duties amounting to EUR 110 937,60
accounts of
those
should not be discounted and that
import duties was not justified.

the remission of

— modification of Article 2 of the decision as it pertains to
Trade-Stomil, so as to annul or substantially reduce the fine
imposed on Trade-Stomil therein; and, in any event,

— order that the Commission pay its own costs and Trade-

Stomil's costs in connection with these proceedings.