Case C-420/05 P: Order of the Court of 15 May 2007 — Ricosmos BV v Commission of the European Communities (Appeal — Customs code — External Community transit operation — Remission of import duties — Conditions — Compliance with time-limits — Compliance with the rights of the defence — Principle of proportionality — Notion of manifest negligence — Appeal manifestly inadmissible in part and manifestly unfounded in part)
Date: 2007-08-25
Institutions: Court of Justice
Subjects: CCT duties, Union transit, appeal, customs drawback, customs regulations, principle of proportionality

25.8.2007

EN

Official Journal of the European Union

C 199/13

Operative part of the judgment

2. Orders the Portuguese Republic to pay the costs.

The Court:

1. By not adopting within the period prescribed all the laws, regula-
tions and administrative provisions necessary to transpose Directive
2003/4/EC of the European Parliament and of the Council of
28 January 2003 on public access to environmental information
the Republic of
and repealing Council Directive 90/313/EEC,
Austria has failed to fulfil its obligations under that directive.

2. Order the Republic of Austria to pay the costs.

(1) OJ C 249, 14.10.2006.

Judgment of the Court (Seventh Chamber) of 28 June 2007
v
— Commission

European Communities

the

of
Portuguese Republic

(Case C-410/06) (1)

(Failure of Member State to fulfil obligations — Directive
2002/15/EC — Organisation of the working time of persons
performing mobile road transport activities — Failure to
transpose within the period prescribed)

Parties

(1) OJ C 294, 2.12.2006.

Order of the Court of 15 May 2007 — Ricosmos BV v
Commission of the European Communities

(Case C-420/05 P) (1)

(Appeal — Customs code — External Community transit
operation — Remission of import duties — Conditions —
Compliance with time-limits — Compliance with the rights of
the defence — Principle of proportionality — Notion of mani-
fest negligence — Appeal manifestly inadmissible in part and
manifestly unfounded in part)

(2007/C 199/22)

Language of the case: Dutch

(2007/C 199/21)

Applicant: Ricosmos BV (represented by: J.H. Peek, advocaat)

Language of the case: Portuguese

the European
Other party to the proceedings: Commission of
Communities (represented by: B. Stromsky and M. van Beek,
acting as Agents)

Parties

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell and G. Braga da Cruz, acting as agents)

Re:

Defendant(s): Portuguese Republic (represented by: L. Fernandes
and F. Ribeiro agents)

Re:

Failure of Member State to fulfil obligations — Failure to take
within the prescribed period the necessary measures to comply
with Directive 2002/15/EC of the European Parliament and of
the Council of 11 March 2002 on the organisation of
the
working time of persons performing mobile road transport
activities (OJ 2002 L 80, p. 35)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt within the period prescribed all
the laws regulations and administrative provisions necessary to
comply with Directive 2002/15/EC of the European Parliament
and of the Council of 11 March 2002 on the organisation of the
working time of persons performing mobile road transport activities,
the Portuguese Republic has failed to fulfil
its obligations under
that directive;

Appeal brought against the judgment of
the Court of First
Instance (First Chamber) of 13 September 2005 in Case
T-53/02 Ricosmos v Commission, by which the Court of First
Instance dismissed the application for annulment of Commis-
sion Decision REM 09/00 of 16 November 2001 informing the
Netherlands authorities that there were no grounds for remis-
sion of import duties in respect of a consignment of cigarettes
fraud
intended for the Czech Republic on the ground that
committed by third parties in the course of an external Com-
munity transit operation does not constitute a special situation
justifying remission of the import duties

Operative part of the order

1. The appeal is dismissed.

2. Ricosmos BV is ordered to pay the costs.

(1) OJ C 48, 25.2.2006.