CELEX: 62009TJ0191
Language: en
Date: 2010-12-16
Title: Judgment of the General Court (Seventh Chamber) of 16 December 2010.#Hit Trading BV and Berkman Forwarding BV v European Commission.#Customs Union - Importation of compact fluorescent lamps with integrated electronic ballasts (CFL-i) from Pakistan - Post-clearance recovery of import duties - Application for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92.#Case T-191/09.

Judgment of the General Court (Seventh Chamber) of 16 December 2010 – HIT Trading and Berkman Forwarding v Commission
      (Case T-191/09)
      Customs Union – Importation of compact fluorescent lamps with integrated electronic ballasts (CFL-i) from Pakistan – Post-clearance recovery of import duties – Application for remission of import duties – Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92
      1.                     Own resources of the European Union – Post-clearance recovery of import or export duties – Conditions for not taking account
            of import duties set out in Article 220(2)(b) of Regulation No 2913/92 (Council Regulation No 2913/92, Arts 62(1) and 220(2)(b))
            (see paras 42-44, 53-61, 72-73)
      2.                     Own resources of the European Union – Post-clearance recovery of import or export duties – No publication, by the Commission,
            of a notice to importers in the event of doubts as to the origin of goods likely to be subject to anti-dumping duties (Council
            Regulation No 2913/92) (see paras 79-81)
      3.                     Own resources of the European Union – Repayment or remission of import duties – Fairness clause instituted by Article 239
            of the Community Customs Code and Article 905 of implementing Regulation No 2454/93 – Particular situation – Concept (Council
            Regulation No 2913/92, Art. 239; Commission Regulation No 2454/93, Art. 905) (see paras 91-92, 95-99)
      Re:
      
         
               APPLICATION for annulment of Commission Decision C(2009) 747 final of 12 February 2009, stating that post-clearance entry
                  in the accounts of certain import duties was justified and that the remission of such duties was not justified (File reference:
                  REC 01/08).
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the application;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Hit Trading BV and Berkman Forwarding BV to pay the costs.