CELEX: 62009CO0498
Language: en
Date: 2010-06-10 00:00:00
Title: Order of the Court (Eighth Chamber) of 10 June 2010. # Thomson Sales Europe v European Commission. # Appeal - Customs Code - Remission of import duties - Waiver of post-clearance recovery - Anti-dumping duties - No obvious negligence - Complexity of the legislation - Professional experience - Operator's diligence - Colour televisions made in Thailand - Challengeable acts. # Case C-498/09 P.

Order of the Court (Eighth Chamber) of 10 June 2010 – Thomson Sales Europe v Commission
      (Case C-498/09 P)
      Appeal – Customs Code – Remission of import duties – Waiver of post-clearance recovery – Anti-dumping duties – No obvious negligence – Complexity of the legislation – Professional experience – Operator’s diligence – Colour televisions made in Thailand – Challengeable acts
      1.                     Appeal – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Inadmissibility
            (Art. 256(1), (2), TFEU; Statute of the Court of Justice, Art. 58(1); Rules of Procedure of the Court of Justice, Art. 112(1)(c))
            (see paras 81-84)
      2.                     Own resources of the European Communities – Repayment or remission of import duties (Council Regulations No 2913/92, Art.
            239, No 710/95, No 2584/98 and No 1531/2002; Commission Regulations No 2454/93 and No 2376/94) (see paras 99-103, 107-109,
            114-115, 118-135)
      3.                     Procedure – Measures of inquiry – Discretion of the Court of First Instance (Rules of Procedure of the General Court, Art.
            64(3)(d)) (see paras 137-138)
      Re: 
      
         Appeal against the judgment of 29 September 2009 of the Court of First Instance (First Chamber) in Joined Cases T-225/07 and
                  T-364/07 
               
               Thomson Sales Europe
                v 
               Commission
                by which the Court dismissed the appellant’s action for annulment of Commission Decision REM No 03/05 of 7 May 2007 informing
                  the French authorities that remission of import duties on the colour television receivers manufactured in Thailand covered
                  by their application of 14 September 2005 was not justified, and for annulment of the Commission’s letter of 20 July 2007
                  not confirming entitlement to a waiver of post-clearance recovery of import duties on those items – Procedure relating to
                  the application for remission of duties claimed on the basis of Article 239 of the Customs Code and for waiver of post-clearance
                  recovery of those duties on the basis of Article 220(2)(b) of the Code – Failure to respect the rights of the defence – Error
                  in the legal characterisation of the facts.
               
            Operative part
      
         
                   
               
               
                  
               
               
                  	1.Dismisses the appeal.
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Thomson Sales Europe to pay the costs.