CELEX: C2003/070/49
Language: en
Date: 2003-03-22 00:00:00
Title: Case T-26/03: Action brought on 28 January 2003 by LEP International BV against the Commission of the European Communities

22.3.2003              EN                        Official Journal of the European Union                                           C 70/31
Action brought on 28 January 2003 by LEP International                   The applicant states, moreover, that it acted in good faith and
BV against the Commission of the European Communities                    that it was not to blame for the irregularities. Nor, according
                                                                         to the applicant, can any manifest negligence be imputed to it.
                                                                         The fact that the applicant did not take out insurance does
                         (Case T-26/03)                                  not, according to it, constitute negligence. On the contrary,
                                                                         businesses are free to decide whether and, if so, how they
                                                                         cover themselves against possible risks.
                         (2003/C 70/49)
                                                                         (1 ) Council Regulation (EEC) No 2913/92 of 12 October 1992
                   (Language of the case: Dutch)                              establishing the Community Customs Code (OJ No L 302,
                                                                              19.10.1992, p. 1).
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 28 January 2003 by LEP Inter-
national BV, established in Schiphol-Rijk (Netherlands), rep-
resented by Cornelis de Bie and Paul Bakker.
                                                                         Action brought on 30 January 2003 by S.P. S.p.A against
                                                                                   Commission of the European Communities
The applicant claims that the Court should:
                                                                                                   (Case T-27/03)
—     annul the decision of the European Commission.
                                                                                                   (2003/C 70/50)
Pleas in law and main arguments                                                              (Language of the case: Italian)
The applicant seeks the annulment of the Decision of the
European Commission of 7 October 2002 in case REM 08/                    An action against the Commission of the European Communi-
003 concerning an application for remission of import duties             ties was brought before the Court of First Instance of the
under Article 239 of Regulation (EEC) No 2913/92 (1).                    European Communities on 30 January 2003 by S.P. S.p.A.,
                                                                         represented by Gianluca Belotti and Nicola Pisani, lawyers.
The applicant drew up, on the instructions of Hector Inter-
national Tpt. Ltd., documents for the transport of meat to               The applicant claims that the Court should:
Morocco under the external Community transit procedure.
However, the applicant states that, through acts of third                —      declare non-existent and/or null and void or, in any event,
parties, that transit operation was not properly discharged, as                 annul the contested decision;
a result of which the applicant, as the holder of the documents,
was requested to pay the customs duties owed. It therefore
submitted an application to the Netherlands authorities for              —      in the alternative, annul or reduce the penalty imposed
remission of the import duties owed. The application was                        on S.P.;
forwarded to the Commission, which rejected it in the
contested decision.                                                      —      in any event, order the defendant to pay the costs.
The applicant argues that the contested decision infringes
Article 239 of Regulation (EEC) No 2913/92, that it assesses             Pleas in law and main arguments
the facts incorrectly and that it is based on an inadequate
statement of reasons.
                                                                         Among various grounds of annulment, the applicant alleges
                                                                         lack of competence of the Commission to adopt on 17 Decem-
According to the applicant, a special circumstance exists since          ber 2002 a decision based on Article 65 of the ECSC Treaty
the customs authorities knew at an early stage that the external         when that treaty expired on 22 July 2002, resulting in the
transit procedure would not be discharged and did not inform             nullity of the decision. According to the applicants, the
the applicant of this. The applicant further argues that a special       Commission did not have the power to adopt the abovemen-
circumstance exists inasmuch as a Spanish official may have              tioned decision in the absence of an express decision to that
been involved.                                                           effect on the part of the Member States.