CELEX: 62007CA0204
Language: en
Date: 2008-07-25 00:00:00
Title: Case C-204/07 P: Judgment of the Court (Third Chamber) of 25 July 2008 — C.A.S. SpA v Commission of the European Communities (Appeals — EEC-Turkey Association Agreement — Regulation (EEC) No 2913/92 — Article 239 — Community Customs Code — Repayment and remission of import duty — Fruit juice concentrate from Turkey — Movement certificates — Falsification — Special situation)

13.9.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 236/3
            
         Judgment of the Court (Third Chamber) of 25 July 2008 — C.A.S. SpA v Commission of the European Communities
   (Case C-204/07 P) (1)
   
   (Appeals - EEC-Turkey Association Agreement - Regulation (EEC) No 2913/92 - Article 239 - Community Customs Code - Repayment and remission of import duty - Fruit juice concentrate from Turkey - Movement certificates - Falsification - Special situation)
   (2008/C 236/04)
   Language of the case: German
   Parties
   
      Appellant: C.A.S. SpA (represented by: D. Ehle, Rechtsanwalt)
   
      Other party to the proceedings: Commission of the European Communities (represented by: M. Patakia and S. Schønberg, acting as Agents, assisted by M. Núñez Müller, Rechtsanwalt)
   Re:
   Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 6 February 2007 in Case T-23/03 C.A.S. v Commission dismissing the application for partial annulment of Commission Decision REC 10/01 of 18 October 2002 relating to a claim for remission of import duties recovered post-clearance on fruit juice concentrates from Turkey imported under certificates of origin which had proved to be false in a subsequent check — Omissions and errors on the part of the Turkish authorities and the Commission capable of creating a special situation within the meaning of Article 239 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1) — Distribution of the burden of proof as to the existence of a special situation — Legal classification of the documents and facts
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Sets aside the judgment of the Court of First Instance of 6 February 2007 in Case T-23/03 CAS v Commission;
            
         
               2.
            
            
               Annuls Article 2 of the Decision of the Commission of 18 October 2002 (REC 10/01);
            
         
               3.
            
            
               Orders the Commission of the European Communities to pay the costs at both instances.
            
         
      (1)  OJ C 140, 23.6.2007.