Case T-219/07: Action brought on 25 June 2007 — DSV Road v Commission
Date: 2007-09-08
Institutions: Court of First Instance
Subjects: Belgium, CCT duties, European Commission, Thailand, action for annulment (EU), generalised preferences, import, magnetic medium, originating product

C 211/36

EN

Official Journal of the European Union

8.9.2007

Pleas in law and main arguments

The pleas in law and main arguments are those already put
forward in Case T-217/07 Las Palmeras v Council and Commission.

Action brought on 25 June 2007 — DSV Road v
Commission

(Case T-219/07)

(2007/C 211/69)

Language of the case: Dutch

Parties

Applicant: DSV ROAD N.V.
A. Calewaert and R. de Wit, lawyers)

(represented by: A. Poelmans,

Defendant: Commission of the European Communities

Form of order sought

— set aside Decision C(2007) 1776 of the Commission of the
European Communities of 24 April 2007 in relation to the
application of
the Kingdom of Belgium (file reference
REC 05/02) determining that import duties in the amount
of EUR 168 004,65 forming the subject-matter of the appli-
cation of the Kingdom of Belgium of 12 August 2002 must
be recovered and that there are no grounds for remission of
those import duties;

— order the Commission to pay the costs of

the present

proceedings.

In the contested decision the Commission ruled that
the
resulting customs debt had to be the subject of post-clearance
recovery.

The applicant first submits that the Commission should have
ruled that the outstanding duties did not have to be the subject
of post-clearance recovery, in accordance with Article 220(2)(b)
of Regulation (EEC) No 2913/92 (2). The applicant submits that
the issue of the form A certificates was attributable to a mistake
on the part of the Thai authorities and that there is no indica-
tion whatsoever that the exporters incorrectly set out the facts.
Moreover, the applicant contends, there was a mistake inasmuch
as the Thai authorities knew, or ought to have known, that the
goods in question were not eligible for preferential tariff treat-
ment.

Second, the applicant submits that the Commission ought to
have remitted the duties in accordance with Article 239 of
Regulation (EEC) No 2913/92 on the ground of special circum-
stances.

(1) 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).

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

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

Action brought on 29 June 2007 — Thomson Sales Europe
v Commission

(Case T-225/07)

(2007/C 211/70)

Language of the case: French

Pleas in law and main arguments

Parties

The applicant imported diskettes from Thailand. Those diskettes
were covered by a preferential rule under the scheme of general
tariff preferences on condition that
importation was
covered by a form A certificate of origin issued by the compe-
tent Thai authorities in accordance with Article 80 of Regu-
lation (EEC) No 2454/93 (1).

their

On the occasion of each customs declaration the applicant
submitted a form A issued by the Thai authorities, following
which the Belgian authorities accorded preferential tariff treat-
ment.

However, a number of the certificates issued by the Thai autho-
rities were declared to be invalid, with the result that the goods
concerned were not eligible for preferential
treatment
when imported into the EU.

tariff

Applicant: Thomson Sales Europe (Boulogne-Billancourt, France)
(represented by: F.Goguel and F. Foucault, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— Before ruling, order disclosure to the parties all of the mate-
rials, documents,
letters, preparatory works etc
which led to the two Regulations No 2376/94 and
No 710/95;

reports,

— Principally, annul

the decision of

the Commission REM

No 03/05 of 7 May 2007.