CELEX: 62010TA0324
Language: en
Date: 2013-03-19 00:00:00
Title: Case T-324/10: Judgment of the General Court of 19 March 2013 — Firma Van Parys v Commission (Customs union — Imports of bananas from Ecuador — Post-clearance recovery of import duties — Request for remission of import duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 — Error by the customs authorities — Obvious negligence on the part of the interested party)

4.5.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 129/14
            
         Judgment of the General Court of 19 March 2013 — Firma Van Parys v Commission
   (Case T-324/10) (1)
   
   (Customs union - Imports of bananas from Ecuador - Post-clearance recovery of import duties - Request for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 - Error by the customs authorities - Obvious negligence on the part of the interested party)
   2013/C 129/27
   Language of the case: Dutch
   
      Parties
   
   
      Applicant: Firma Léon Van Parys (Antwerp, Belgium) (represented: initially by P. Vlaemminck and A. Hubert and subsequently by Vlaemminck, R. Verbeke and J. Auwerx, lawyers)
   
      Defendant: European Commission (represented by: L. Keppenne and F. Wilman, acting as Agents)
   
      Intervener in support of the applicant: Kingdom of Belgium (represented by J.-C. Halleux and M. Jacobs, Agents, and by P. Vander Schueren, lawyer)
   
      Re:
   
   Application for annulment, in part, of Commission Decision C(2010) 2858 of 6 May 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is justified with regard to a debtor but is not justified in the particular case of another debtor.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls Article 1(3) of Commission Decision C(2010) 2858 final of 6 May 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is justified with regard to a debtor but is not justified in the particular case of another debtor;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders the European Commission to bear its own costs and to pay those incurred by Firma Léon Van Parys NV;
            
         
               4.
            
            
               Orders the Kingdom of Belgium to bear its own costs.
            
         
      (1)  OJ C 274, 9.10.2010.