CELEX: C2005/296/44
Language: en
Date: 2005-11-26 00:00:00
Title: Joined Cases T-134/03 and T-135/03: Judgment of the Court of First Instance of  27 September 2005  — Common Market Fertilizers v Commission of the European Communities (Remission of import duties — Article 1(3) of Regulation (EC) No 3319/94 — Invoicing direct to importer —  Group of experts  within the meaning of Article 907 of Regulation (EEC) No 2454/93 — Rights of the defence —  Obvious negligence  within the meaning of Article 239 of Regulation (EEC) No 2913/92 — Obligation to state reasons)

26.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 296/21
            
         Judgment of the Court of First Instance of 27 September 2005 — Common Market Fertilizers v Commission of the European Communities
   (Joined Cases T-134/03 and T-135/03) (1)
   
   (Remission of import duties - Article 1(3) of Regulation (EC) No 3319/94 - Invoicing direct to importer - ‘Group of experts’ within the meaning of Article 907 of Regulation (EEC) No 2454/93 - Rights of the defence - ‘Obvious negligence’ within the meaning of Article 239 of Regulation (EEC) No 2913/92 - Obligation to state reasons)
   (2005/C 296/44)
   Language of the case: French
   Parties
   
      Applicant(s): Common Market Fertilizers (Brussels, Belgium) (represented by A. Sutton and N. Flandin, lawyers)
   
      Defendant(s): Commission of the European Communities (represented by X. Lewis, Agent)
   Application for
   annulment of Commission Decisions C (2002) 5217 final and C (2002) 5218 final of 20 December 2002 finding that the remission of import duties was not justified in a particular case.
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Dismisses the applications.
            
         
               2)
            
            
               Orders the applicant, in addition to bearing its own costs, to pay those incurred by the Commission.
            
         
      (1)  OJ C 158, 5.7.2003.