CELEX: C2002/202/23
Language: en
Date: 2002-08-24 00:00:00
Title: Case C-254/02: Reference for a preliminary ruling by the VAT and Duties Tribunals, London Tribunal Centre, by decision of that court dated 5 July 2002, in the case of Fast Forward Resources plc against Commissioners of Customs and Excise

C 202/16                 EN                      Official Journal of the European Communities                                      24.8.2002
Reference for a preliminary ruling by the VAT and Duties                    (3) Of 22 December 1995 on protection against dumped imports
Tribunals, London Tribunal Centre, by decision of that                          from countries not members of the European Community (OJ
court dated 5 July 2002, in the case of Fast Forward                            L 56, 6.3.1996, p. 1).
Resources plc against Commissioners of Customs and
                                 Excise
                            (Case C-254/02)
                                                                            Appeal brought on 15 July 2002 by Michael Becker
                                                                            against the judgment delivered on 12 June 2002 by the
                           (2002/C 202/23)                                  Fourth Chamber of the Court of First Instance of the
                                                                            European Communities in Case T-9/01 between Michael
                                                                            Becker and the Court of Auditors of the European
                                                                                                       Communities
Reference has been made to the Court of Justice of the                                              (Case C-260/02 P)
European Communities by a decision of the VAT and Duties
Tribunals, London Tribunal Centre, dated 5 July 2002, which                                           (2002/C 202/24)
was received at the Court Registry on 11 July 2002, for a
preliminary ruling in the case of Fast Forward Resources plc
and Commissioners of Customs and Excise on the following                    An appeal against the judgment delivered on 12 June 2002 by
questions:                                                                  the Fourth Chamber of the Court of First Instance of the
                                                                            European Communities in Case T-9/01 between Michael
                                                                            Becker and the Court of Auditors of the European Communi-
(i)     In Commission Regulation (EC) 152/1999 (1) what is the              ties (1), brought on 15 July 2002 by Michael Becker, represent-
        proper meaning and legal effect of the term ‘registration           ed by Prof. Dr Ernst Fricke, Rechtsanwalt, of Kanzlei
        shall expire’ used in Article 3?                                    Prof. Dr. Fricke & Coll, Landshut (and Nuremberg, New
                                                                            Brandenburg and Luxembourg), and Roy Nathan, Rechtsan-
(ii) If Article 3 of Commission Regulation (EC) 152/1999                    walt, Luxembourg.
        means that the whole process of registration envisaged
        by the Regulation fails: (a) does this render Council               The appellant claims that the Court should: set aside in full the
        Regulation (EC) 175/2000 (2) ineffective in relation to the         judgment of the Court of First Instance of 12 June 2002 and
        imports of leather handbags into the European Union                 grant in full the forms of order sought at first instance.
        before midnight on 23 October 1999; and (b) in relation
        to what products, if any, is Article 1.4 of Commission
        Regulation (EC) 175/2000 effective in imposing duty?
                                                                            Pleas in law and main arguments
(iii) Is Article 1 of Council Regulation (EC) 175/2000 consist-             The judgment of the Court of First Instance of 12 June 2002
        ent with Article 11.4 and 14.5 of Council Regulation                infringes fundamental Community law.
        (EC) 384/96 (3) and, if not, what is the effect of this
        inconsistency on the collection of anti-dumping duties
        registered under Commission Regulation (EC) 152/1999?               —      Breach of the duty to have regard for the
                                                                                   welfare of officials
(iv) Is Article 1 of Council Regulation (EC) 175/2000 consist-
                                                                            It is for the Invalidity Committee to examine, on the basis of
        ent with Council Regulation (EC) 384/96 in so far as the
                                                                            the expert medical reports, whether the conditions set out in
        adoption of the measure occurred after the 12 month
                                                                            Article 78 of the Staff Regulations have been met. It is of no
        period indicated in Article 11.5 of Council Regulation
                                                                            relevance that the appellant was on leave on personal grounds.
        (EC) 384/96?
                                                                            The grounds on which the respondent rejected his complaint
                                                                            contravene the duty to have regard for the welfare of officials
                                                                            and are neither covered by the express terms, nor reflect the
(1) Of 22 January 1999 initiating a ‘new exporter’ review of Council        spirit and the purpose, of the Staff Regulations.
     Regulation (EC) No 1567/97 imposing a definitive anti-dumping
     duty on imports of leather handbags originating in the People’s
     Republic of China, repealing the duty with regard to imports from      —      Failure to appraise decisive information
     five exporting producers and making these imports subject to
     registration (OJ L 18, 23.1.1999, p. 10).
(2) Of 24 January 2000 reimposing a definitive anti-dumping duty            The European Commission replied to a request from the Court
     on imports of leather handbags originating in the People’s Repubic     for information and, in its reply, fully supported the appellant’s
     of China and sold for export to the Community by certain               legal position. In the grounds for its judgment, the Court of
     exporting producers and amending Regulation (EC) No 1567/97            First Instance did not refer to the Commission’s opinion,
     (OJ L 22, 27.1.2000, p. 25).                                           thereby failing to make a proper legal appraisal of that opinion.