CELEX: C2007/199/22
Language: en
Date: 2007-08-25 00:00:00
Title: Case C-420/05 P: Order of the Court of 15 May 2007 — Ricosmos BV v Commission of the European Communities (Appeal — Customs code — External Community transit operation — Remission of import duties — Conditions — Compliance with time-limits — Compliance with the rights of the defence — Principle of proportionality — Notion of manifest negligence — Appeal manifestly inadmissible in part and manifestly unfounded in part)

25.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 199/13
            
         Order of the Court of 15 May 2007 — Ricosmos BV v Commission of the European Communities
   (Case C-420/05 P) (1)
   
   (Appeal - Customs code - External Community transit operation - Remission of import duties - Conditions - Compliance with time-limits - Compliance with the rights of the defence - Principle of proportionality - Notion of manifest negligence - Appeal manifestly inadmissible in part and manifestly unfounded in part)
   (2007/C 199/22)
   Language of the case: Dutch
   Parties
   
      Applicant: Ricosmos BV (represented by: J.H. Peek, advocaat)
   
      Other party to the proceedings: Commission of the European Communities (represented by: B. Stromsky and M. van Beek, acting as Agents)
   Re:
   Appeal brought against the judgment of the Court of First Instance (First Chamber) of 13 September 2005 in Case T-53/02 Ricosmos v Commission, by which the Court of First Instance dismissed the application for annulment of Commission Decision REM 09/00 of 16 November 2001 informing the Netherlands authorities that there were no grounds for remission of import duties in respect of a consignment of cigarettes intended for the Czech Republic on the ground that fraud committed by third parties in the course of an external Community transit operation does not constitute a special situation justifying remission of the import duties
   Operative part of the order
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Ricosmos BV is ordered to pay the costs.
            
         
      (1)  OJ C 48, 25.2.2006.