CELEX: C1997/252/83
Language: en
Date: 1997-08-16 00:00:00
Title: Action brought on 30 June 1997 by KIA Nederland BV and Broekman Motorships BV against the Commission of the European Communities (Case T-195/97)

No C 252/40           EN                    Official Journal of the European Communities                                     16 . 8 . 97
Action brought on 30 June 1997 by KIA Nederland BV                         exported and they have not undergone any operation
and Broekman Motorships BV against the Commission of                       beyond that necessary to preserve them in good
                  the European Communities                                 condition while in that country'.
                        ( Case T-195/97 )
                          ( 97/C 252/83 )                                  Since the import duties paid by the applicant were not
                                                                           due in law, the applicants are entitled to repayment
                                                                           under Article 236 ( 1 ) of Regulation ( EEC ) No 2913/
                (Language of the case: Dutch)                              92 .
An action against the Commission of the European                       Alternative claim
Communities was brought before the Court of First
Instance of the European Communities on 30 June 1997
by KIA Nederland BV, established in Vianen, and                        D. General reasonableness clause
Broekman Motorships BV, established in Rotterdam, both
represented by A. T. Ottow, of Houthoff Advocaten &
Notarissen, Amsterdam, with an address for service in                      If the Court finds that the import duties were due in
Luxembourg at the chambers of C. Medernach, of the                         law, the applicants are entitled to repayment of the
Luxembourg Bar, 8-10 Rue Mathias Hardt.                                    duties under the 'general reasonableness clause'
                                                                           contained in Article 239 of Regulation ( EEC) No 2913/
                                                                           92 and Article 905 ( 1 ) and the first paragraph of
The applicants claim that the Court should:                                Article 907 of Regulation ( EEC ) No 2454/93 .
— annul the Commission decision of 8 April 1997,
    addressed to the Netherlands, ( Ref: REM 23/96 )
    according to which the repayment of import duties is
    not justified in particular circumstances,
                                                                       Action brought on 1 July 1997 by Weyl Beef Products
                                                                       BV (previously Exportslagerij Weyl BV) against the
— order the defendant to pay the costs.                                         Commission of the European Communities
                                                                                             ( Case T-197/97 )
Pleas in law and main arguments adduced in support:
                                                                                               ( 97/C 252/84 )
A. Inconsistency in grounds of reasoning
                                                                                       (Language of the case: Dutch)
    The decision is based entirely on the position that the
    requirements of Article 75 of Regulation ( EEC )                   An action against the Commission of the European
                                                                       Communities was brought before the Court of First
    No 2454/93 , specifying the products which may be
    considered as 'transported direct', are not fulfilled.             Instance of the European Communities on 1 July 1997 by
    Moreover, by failing to consider whether there were                Weyl Beef Products BV (previously Exportslagerij Weyl
                                                                       BV), represented by E. H. Pijnacker Hordijk, of the
    exceptional circumstances within the meaning of
                                                                       Amsterdam Bar, and S. B. Noe, of the Rotterdam Bar,
    Article 239 of Regulation ( EEC ) No 2913/92, such as
    to justify a repayment, the Commission failed to fulfil            with an address for service in Luxembourg at the
                                                                       Chambers of L. Frieden, 6 Avenue Guillaume .
    its duty of investigation.
    The Commission decision is therefore based on an                   The applicant claims that the Court should:
    incorrect legal premise and is thus flawed or, at least,
    fails to state in sufficient detail the reasoning on which         — declare void the decision of the Commission of the
    it was based .
                                                                           European Communities contained in the Commission's
                                                                           letter to the applicant dated 23 April 1997 in Case
                                                                           No IV/35.591 /F-3 Weyl / PW+SSR,
B. In this case, the requirement of 'transported direct'
    within the meaning of Article 75 of Regulation ( EEC )
    No 2454/93 is fulfilled. Since there is no question of             — find that the rules and agreements for the
    the products being 'transported through the territory                  reorganization of the Netherlands' cattle slaughtering
    of any other country', under Article 75 ( 1 ) ( a ) of                 sector infringe Article 85 ( 1 ) of the EC Treaty,
    Regulation ( EEC ) No 2454/93 they must therefore be
    considered to be 'transported direct from                 the
    exporting beneficiary country to the Community'.                   — order all other measures considered to be necessary,
C. Article 76 of Regulation ( EEC ) No 2454/93 is satisfied            — order the Commission of the European Communities
    since 'the goods returned are the same goods as those                  to pay the costs.