CELEX: 62011TA0576
Language: en
Date: 2015-04-16 00:00:00
Title: Case T-576/11: Judgment of the General Court of 16 April 2015 — Schenker Customs Agency v Commission (Customs Union — Post-clearance recovery of import duties — Importation of glyphosate originating from Taiwan — Application for remission of import duties submitted by a customs agent — Article 239 of Regulation (EEC) No 2913/92 — Fairness clause — Special situation — Declarations for release for free circulation — Certificates of incorrect origin — Concept of obvious negligence — Commission decision declaring remission of duties not justified)

8.6.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 190/9
            
         Judgment of the General Court of 16 April 2015 — Schenker Customs Agency v Commission
   (Case T-576/11) (1)
   
   ((Customs Union - Post-clearance recovery of import duties - Importation of glyphosate originating from Taiwan - Application for remission of import duties submitted by a customs agent - Article 239 of Regulation (EEC) No 2913/92 - Fairness clause - Special situation - Declarations for release for free circulation - Certificates of incorrect origin - Concept of obvious negligence - Commission decision declaring remission of duties not justified))
   (2015/C 190/10)
   Language of the case: Dutch
   
      Parties
   
   
      Applicant: Schenker Customs Agency BV (Rotterdam, Netherlands) (represented by: J. Biermasz and A. Jansen, lawyers)
   
      Defendant: European Commission (represented initially by L. Keppenne and F. Wilman and subsequently by A. Caeiros and B.-R. Killmann, Agents, and by Y. Van Gerven, lawyer)
   
      Re:
   
   Application for annulment of Commission Decision C (2011) 5208 final of 27 July 2011, finding that the remission of import duties is not justified in a particular case (Case REM 01/2010).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Schenker Customs Agency BV to bear its own costs and to pay those incurred by the European Commission.
            
         
      (1)  OJ C 25, 28.1.2012.