CELEX: C1998/378/35
Language: en
Date: 1998-12-05 00:00:00
Title: Action brought on 20 September 1998 by De Haan Beheer BV against the Commission of the European Communities (Case T-150/98)

5.12.98              EN                  Official Journal of the European Communities                                      C 378/19
    Action brought on 20 September 1998 by De Haan                  On 24 April 1998 the Netherlands brought an action
    Beheer BV against the Commission of the European                contesting that decision (Case C-157/98). The applicant
                        Communities                                 endorses the arguments advanced by the Netherlands
                      (Case T-150/98)                               Government and adopts those arguments as its own.
                       (98/C 378/35)                                In particular, the applicant advances the following pleas in
                                                                    law:
              (Language of the case: Dutch)
                                                                    1. First, infringement of Article 13(1) of Regulation
                                                                         (EEC) No 1430/79, alternatively of Article 239(2) of
An action against the Commission of the European                         the Community Customs Code:
Communities was brought before the Court of First
Instance of the European Communities on 20 September                     The Netherlands customs investigation authorities
1998 by De Haan Beheer BV, established at Alblasserdam                   knew of the fraud in advance, and were aware of it by
(Netherlands), represented by C. F. W. A. Hamm, of the                   the time that the first consignment had been
Dordrecht Bar, in his capacity as administrator in the                   despatched. However, they took no action in relation
insolvency of De Haan Beheer BV.                                         to it, with the result that the transport operations were
                                                                         able to proceed and the applicant, without being
The applicant claims that the Court should:                              aware of the fraud, incurred an unnecessarily
                                                                         substantial customs debt.
Ð annul Decision REM 15/97 of the Commission of                          The applicant complains, with reference to
    18 February 1998;                                                    paragraph 132 of the Judgment of the Court of First
                                                                         Instance of 19 February 1998 in Case T-42/96
                                                                         (Eyckeler & Malt v. Commission), that the
Ð rule that the present case concerns special
    circumstances justifying a refund in accordance with                 Commission has failed to comply with the principle of
                                                                         Community law requiring the exercise of due care, as
    Article 13 of Council Regulation (EEC) No 1430/
    79 (1);                                                              regards the recognition of special circumstances within
                                                                         the meaning of Article 13 of Regulation (EEC)
                                                                         No 1430/79.
Ð order the Commission to pay the costs.
                                                                    2. Breach of the obligation to provide a statement of
                                                                         reasons:
Pleas in law and main arguments adduced in support:
                                                                         The Commission has failed to provide any reasons for
In 1993 the applicant, as an authorised consignor, issued                its assertion that there is insufficient proof of the
internal Community transit documents for the                             involvement of a Belgian customs official in the fraud,
transportation of cigarettes, the Office of destination being            and that, for that reason, no special situation can be
in Antwerp.                                                              said to exist.
                                                                    (1) Council Regulation (EEC) No 1430/79 of 2 July 1979 on the
However, those goods were not presented at the Office of                repayment or remission of import or export duties (OJ L 175,
destination; the transport documents bore false stamps                  12.7.1979, p. 1).
and signatures. On account of the non-presentation of the
goods, a customs debt arose.
The applicant declared that it had acted in good faith and
that it had been the victim of fraudulent acts committed
by organised criminal gangs. It applied for remission of            Action brought on 29 September 1998 by SocieÂteÂ
the import duties on the basis of Article 13(1) of                  Internationale de Diffusion et d'EÂdition (SIDE) against
Regulation (EEC) No 1430/79, which provides for such                        the Commission of the European Communities
remission where there are special circumstances in which                                    (Case T-155/98)
no negligence or deception may be attributed to the
                                                                                             (98/C 378/36)
person concerned.
                                                                                    (Language of the case: French)
The Commission rejected that application by decision of
18 February 1998, on the grounds that the declarant is              An action against the Commission of the European
responsible for ensuring that a Community transit                   Communities was brought before the Court of First
operation proceeds in the correct manner, that fraudulent           Instance of the European Communities on 29 September
acts by third parties constitute a normal commercial risk,          1998 by SocieÂteÂ Internationale de Diffusion et d'EÂdition
that the declarant is responsible for the acts of any               (SIDE), established in Bagneux (France), represented by
member of his staff who is involved in fraud, and that it           Nicole Coutrelis, of the Paris Bar, with an address for
had not beeen shown that any Belgian customs official               service in Luxembourg at the Chambers of Marc Loesch,
was involved.                                                       11 Rue Goethe.