CELEX: C2005/257/13
Language: en
Date: 2005-10-15 00:00:00
Title: Case T-53/02: Judgment of the Court of First Instance of 13 September 2005 — Ricosmos BV v Commission (Customs law — External Community transit operation concerning cigarettes — Fraud — Application for remission of import duties — Regulation (EEC) No 2913/92 — Regulation (EEC) No 2454/93 — Equity clause — Compliance with time-limits — Rights of the defence — Principle of proportionality — Concept of obvious negligence)

15.10.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 257/8
            
         Judgment of the Court of First Instance of 13 September 2005 — Ricosmos BV v Commission
   (Case T-53/02) (1)
   
   (Customs law - External Community transit operation concerning cigarettes - Fraud - Application for remission of import duties - Regulation (EEC) No 2913/92 - Regulation (EEC) No 2454/93 - Equity clause - Compliance with time-limits - Rights of the defence - Principle of proportionality - Concept of obvious negligence)
   (2005/C 257/13)
   Language of the case: Dutch
   Parties:
   
      Applicant(s): Ricosmos BV (Delfzijl (Netherlands)) [represented by initially M. Chatelin, M. Fleers and P. Metzler, then by J. Hertoghs, lawyers,]
   
      Defendant(s): Commission of the European Communities [represented by initially M. van Beck and R. Tricot, then by M. van Beck and B. Stromsky, Agents,]
   Application for:
   annulment of Commission Decision REM 09/00 of 16 November 2001 declaring that the remission of import duties in favour of the applicant which is the subject-matter of the application submitted by the Kingdom of the Netherlands is not justified
   Operative part of the judgment:
   The Court:
   
               1)
            
            
               Dismisses the application;
            
         
               2)
            
            
               Orders the applicant to bear its own costs and those of the Commission.
            
         
      (1)  OJ C 118, 18.5.2002.