CELEX: C1998/113/25
Language: en
Date: 1998-04-11 00:00:00
Title: Removal from the register of Case C-277/97

C 113/10                 EN                    Official Journal of the European Communities                                 11.4.98
Reference for a preliminary ruling from the                                     Removal from the register of Case C-231/95 (1)
Tariefcommissie by order of that court of 24 February
1998 in the case of De Haan Beheer BV v. Inspecteur der                                           (98/C 113/24)
            Invoerrechten en Accijnzen, Rotterdam
                           (Case C-61/98)
                            (98/C 113/23)
                                                                          By order of 19 December 1997, the President of the Court
Reference has been made to the Court of Justice of                        of Justice of the European Communities ordered the
                                                                          removal from the register of Case C-231/95 (Reference for
the European Communities by an order of the
                                                                          a preliminary ruling from the Tribunal de PremieÁre
Tariefcommissie (Administrative Court for Customs and
                                                                          Instance, LieÁge): Criminal proceedings against Bent
Excise) of 24 February 1998, which was received at the
                                                                          Carlsen, civil party: Georges Vanhalle.
Court Registry on 2 March 1998, for a preliminary ruling
in the case of De Haan Beheer BV v. Inspecteur der
Invoerrechten en Accijnzen, Rotterdam, on the following
                                                                          (1) OJ C 229, 2.9.1995.
question.
Is it to be assumed from rules of written or unwritten
Community customs law that customs authorities are
under an obligation such as that described in
paragraph 6.2 (1) in their relations with those liable to pay
customs duty and, if so, what are the legal consequences,
as regards assessment, entry in the accounts and collection
of the customs debt, if the authorities fail to comply with                     Removal from the register of Case C-277/97 (1)
that obligation?
                                                                                                  (98/C 113/25)
(1) The applicant, which makes it clear that it made the
    declarations in good faith, has, rightly in the Tariefcommissie's
    view, raised the question whether the customs authorities were
    not under a duty to warn a declarant in its position, within
    the period of approximately 10 days available in this case,           By order of 11 February 1998 the President of the Court
    against possible fraudulent customers. Had it received such a         of Justice of the European Communities has ordered the
    warning, the applicant would have been able to take account           removal from the register of Case C-277/97: Commission
    of the inordinate risk involved and could ultimately have
    averted liability for a customs debt being incurred in its name
                                                                          of the European Communities v. Kingdom of Belgium.
    in respect of the subsequent six declarations.
                                                                          (1) OJ C 271, 6.9.1997.
                                                         COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                 Maria Alves Vieira) Ð application for annulment of the
                        of 17 February 1998                               Commission's decision not to appoint the applicant to the
                                                                          post of grade A 4/A 5 temporary staff member in the
in Case T-56/96: Alberto Maccaferri v. Commission of the                  Directorate-General for Enterprise Policy, Distributive
                    European Communities (1)                              Trades, Tourism and Cooperatives on the conclusion of
(Officials Ð Temporary staff Ð Recruitment procedure Ð                    competition 62T/XXIII/93 and, in so far as may be
Transfer of post Ð Absence of statement of reasons Ð                      necessary, for annulment of the Commission's decision to
         Misuse of powers Ð Legitimate expectations)                      transfer that post to another directorate-general and to
                                                                          replace it with a category B budgetary post Ð the Court
                            (98/C 113/26)                                 of First Instance (Fifth Chamber), composed of: J. Azizi,
                                                                          President, and R. García-Valdecasas and M. Jaeger,
                 (Language of the case: French)                           Judges; J. Palacio GonzaÂlez, Administrator, for the
                                                                          Registrar, has given a judgment on 17 February 1998, in
                                                                          which it:
In Case T-56/96: Alberto Maccaferri, a former member of
the auxiliary staff of the Commission of the European
Communities, represented by Jean-NoeÈl Louis, Thierry                     1. annuls the Commission's decision not to appoint the
Demaseure and Ariane Tornel, of the Brussels Bar, with an                     applicant to the post of grade A 4/A 5 temporary staff
address for service in Luxembourg at the offices of                           member in the Directorate-General for Enterprise
Fiduciaire Myson SARL, 30 rue de Cessange, v.                                 Policy, Distributive Trades, Tourism and Cooperatives
Commission of the European Communities (Agent: Ana                            on the conclusion of competition 62T/XXIII/93,