CELEX: 62007TJ0225
Language: en
Date: 2009-09-29
Title: Judgment of the Court of First Instance (First Chamber) of 29 September 2009.#Thomson Sales Europe v Commission of the European Communities.#Customs union - Imports of colour television receivers manufactured in Thailand - Refund of import duties - Manifest negligence - Post-clearance recovery of import duties - Action for annulment - Act having adverse effects - Inadmissibility.#Joined cases T-225/07 and T-364/07.

Judgment of the Court of First Instance (First Chamber) of 29 September 2009 – Thomson Sales Europe v Commission
      (Joined Cases T-225/07 and T-364/07)
      Customs union – Imports of colour television receivers manufactured in Thailand – Refund of import duties – Manifest negligence – Post-clearance recovery of import duties – Action for annulment – Act having adverse effects – Inadmissibility
      1.                     Own resources of the European Communities – Repayment or remission of import duties (Council Regulations Nos 2913/92, Art.
            239, 2584/98, 710/95 and 1531/2002; Commission Regulations Nos 2454/93, Art. 905 and Annex 11, and 2376/94) (see paras 66-68,
            72-132, 137-154)
      2.                     Procedure – Measures of inquiry (Rules of Procedure of the Court of First Instance, Art. 64(3)(d); Council Regulation No 2913/92,
            Art. 239; Commission Regulation No 2454/93, Art. 905) (see paras 163-169)
      3.                     Actions for annulment – Actionable measures – Concept – Measures producing binding legal effects (Art. 230 EC; Council Regulation
            No 2913/92, Art. 220(2)(b); Commission Regulation No 2454/93, Arts 873, 874 and 876) (see paras 177-188)
      4.                     Actions for annulment – Jurisdiction of the Community judicature (Arts 7 EC and 225 EC) (see paras 218-222)
      Re: 
      
         
               APPLICATION for, in Case T‑225/07, annulment of Commission Decision REM 03/05 of 7 May 2007 stating to the French authorities
                  that the refund of import duties is not justified on the importation of colour television receivers manufactured in Thailand
                  covered by their application of 14 September 2005 and, in Case T‑364/07, annulment of the letter of the Commission of 20 July
                  2007 not confirming acquisition of the entitlement to post-clearance recovery of import duties on those items.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the actions;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Thomson Sales Europe to bear its own costs and to pay those incurred by the Commission of the European Communities.