CELEX: 62009CO0358
Language: en
Date: 2010-07-01 00:00:00
Title: Order of the Court (Fifth Chamber) of 1 July 2010. # DSV Road NV v European Commission. # Appeal - Customs Code - Import of diskettes originating in Thailand - Post-clearance recovery of import duties - Application for remission of import duties. # Case C-358/09 P.

Order of the Court (Fifth Chamber) of 1 July 2010 – DSV Road v Commission
      (Case C-358/09 P)
      Appeal – Customs Code – Import of diskettes originating in Thailand – Post-clearance recovery of import duties – Application for remission of import duties
      1.                     Appeals – Grounds – Error of law relied on not identified – Inadmissibility (Art. 225 EC; Statute of the Court of Justice,
            Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see paras 45-46)
      2.                     Own resources of the European Communities – Post-clearance recovery of import or export duties – Conditions for non-entry
            of import duties in the accounts set out in Article 220(2)(b) of Regulation No 2913/92 – Burden of proof (Council Regulation
            No 2913/92, Art. 220(2)(b)) (see paras 47-52, 58-59)
      3.                     Appeals – Grounds – Incorrect assessment of the evidence duly produced – Inadmissible except in the case of clear distortion
            of the sense ‑ Duty of the General Court to state the reasons for its assessment of the evidence – Extent (Art. 225 EC; Statute
            of the Court of Justice, Art. 58, first para.) (see paras 68-69)
      4.                     Own resources of the European Communities – Repayment or remission of import duties – Fairness clause introduced by Article
            239 of the Customs Code – Special situation – Meaning – Incorrect certificates issued by the customs authorities on the basis
            of the exporter’s untrue declarations, but those authorities not obliged to check the validity of those declarations – Excluded
            (Council Regulation No 2913/92, Art. 239; Commission Regulation No 2454/93, Art. 904(c)) (see paras 79-83)
      Re: 
      
         Appeal against the judgment of 8 July 2009 of the Court of First Instance (Fourth Chamber) in Case T–219/07 
               DSV Road
                v 
               Commission 
               dismissing an application for annulment of the Commission’s Decision of 24 April 2007 informing the Belgian authorities that
                  they might proceed with post-clearance recovery of import duties on diskettes originating in Thailand and that there were
                  no grounds for granting remission of those duties (File reference: REC 05/02).
               
            Operative part: 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders DSV Road NV to pay the costs.