Case C-349/07: Judgment of the Court (Second Chamber) of 18 December 2008 (reference for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Sopropé — Organizações de Calçado Lda v Fazenda Pública (Community Customs Code — Principle of respect for the rights of the defence — Post-clearance recovery of customs import duties)
Date: 2008-12-18
Institutions: Court of Justice
Subjects: customs regulations, import, interpretation of the law, rights of the defence

C 44/16

EN

Official Journal of the European Union

21.2.2009

3. The first paragraph of Article 7 of Decision No 1/80 is to be
interpreted as meaning that when a Turkish worker has obtained
the status of political refugee on the basis of false statements, the
rights that a member of his family derives from that provision
cannot be called into to question if the latter, on the date on which
the residence permit issued to that worker is withdrawn, fulfils the
conditions laid down therein.

(1) OJ C 269, 10.11.2007.

Judgment of the Court (Second Chamber) of 18 December
2008 (reference for a preliminary ruling from the Supremo
Tribunal Administrativo — Portugal) — Sopropé —
Organizações de Calçado Lda v Fazenda Pública

(Case C-349/07) (1)

committed a customs offence in which to submit its observations
complies in principle with the requirements of Community law.

2. It is for the national court before which the case has been brought
to ascertain, having regard to the specific circumstances of the case,
whether
importer made it
possible for it to be given a proper hearing by the customs authori-
ties.

the period actually allowed to that

3. The national court must also ascertain whether, in the light of the
period which elapsed between the
time when the authorities
concerned received the importer's observations and the date on
which they took their decision, they can be deemed to have taken
due account of the observations sent to them.

(1) OJ C 235, 6.10.2007.

(Community Customs Code — Principle of respect for the
rights of the defence — Post-clearance recovery of customs
import duties)

Judgment of the Court (Second Chamber) of 18 December
2008 (reference for a preliminary ruling from the Verwal-
tungsgerichtshof) — Wienstrom GmbH v Bundesminister
für Wirtschaft und Arbeit

(2009/C 44/25)

Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings

Appellant: Sopropé — Organizações de Calçado Lda

Respondent: Fazenda Pública

Intervening party: Ministério Público

Re:

(Case C-384/07) (1)

(State aid — Article 88(3) EC — Aid declared compatible
with the common market — Dispute between the aid recipient
and the national authorities concerning the amount of aid
unlawfully put into effect — Role of the national court)

(2009/C 44/26)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Applicant: Wienstrom GmbH

Reference for a preliminary ruling — Supremo Tribunal Admin-
istrativo — Compatibility with Community law and the prin-
ciple of the rights of the defence of national provisions of fiscal
administrative procedure concerning the periods for the exercise
of the taxpayer's right to a hearing — Administrative procedure
for the post-clearance payment of import duties on goods from
the far east

Operative part of the judgment

1. With regard to recovery of a customs debt

for the purpose of
effecting post-clearance recovery of customs import duties, a period
of 8 to 15 days allowed to an importer suspected of having

Defendant: Bundesminister für Wirtschaft und Arbeit

Re:

Reference for a preliminary ruling — Verwaltungsgerichtshof —
Interpretation of Article 88(3) EC — State aid scheme put into
effect without prior notification to the Commission, the final
amended version of which, however, following its notification,
was declared compatible with the common market, without any
express negative decision having been taken with regard to the
previous non-notified version — Obligations of national courts
deriving from the Commission's decision