CELEX: 62016CA0276
Language: en
Date: 2017-12-20 00:00:00
Title: Case C-276/16: Judgment of the Court (Seventh Chamber) of 20 December 2017 (request for a preliminary ruling from the Corte suprema di cassazione) — Prequ' Italia Srl v Agenzia delle Dogane e dei Monopoli (Reference for a preliminary ruling — Principle of protection of the rights of the defence — Right to be heard — Regulation (EEC) No 2913/92 — Community Customs Code — Article 244 — Recovery of a customs debt — Lack of prior hearing of the addressee before the adoption of an amended tax assessment — Right of the addressee to obtain suspension of the implementation of the amended tax assessment — Lack of automatic suspension in the event of the bringing of administrative proceedings — Reference to the conditions provided for in Article 244 of the Customs Code)

26.2.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 72/12
            
         Judgment of the Court (Seventh Chamber) of 20 December 2017 (request for a preliminary ruling from the Corte suprema di cassazione) — Prequ' Italia Srl v Agenzia delle Dogane e dei Monopoli
   (Case C-276/16) (1)
   
   ((Reference for a preliminary ruling - Principle of protection of the rights of the defence - Right to be heard - Regulation (EEC) No 2913/92 - Community Customs Code - Article 244 - Recovery of a customs debt - Lack of prior hearing of the addressee before the adoption of an amended tax assessment - Right of the addressee to obtain suspension of the implementation of the amended tax assessment - Lack of automatic suspension in the event of the bringing of administrative proceedings - Reference to the conditions provided for in Article 244 of the Customs Code))
   (2018/C 072/15)
   Language of the case: Italian
   
      Referring court
   
   Corte suprema di cassazione
   
      Parties to the main proceedings
   
   
      Applicant: Prequ' Italia Srl
   
      Defendant: Agenzia delle Dogane e dei Monopoli
   
      Operative part of the judgment
   
   The right of any person to be heard before the adoption of a decision likely to adversely affect his interests must be interpreted as meaning that the rights of defence of the addressee of an amended tax assessment adopted by the customs authorities, in the absence of a prior hearing of the person concerned, are not infringed if the national legislation which allows the person concerned to contest that measure in the context of an administrative review merely provides the possibility to request the suspension of the implementation of that measure until its possible amendment by referring to Article 244 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, as amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council of 16 November 2000 without the initiation of an administrative appeal automatically suspending the implementation of the contested measure, since the application of the second paragraph of Article 244 of that regulation, by the customs authorities, does not restrict the grant of a suspension of implementation where there are reasons to doubt the conformity of the contested decision with the customs legislation or that irreparable damage is to be feared for the person concerned.
   
      (1)  OJ C 305, 22.8.2016.