CELEX: C2000/047/04
Language: en
Date: 2000-02-19 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 11 November 1999 in Case C-315/98: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 95/21/EC)

19.2.2000               EN                      Official Journal of the European Communities                                              C 47/3
3. Community law does not preclude a national court from                        the sole ground that he is in a situation referred to in
   determining independently whether the criterion laid down in                 Article 900(1)(o) of Regulation No 2454/93, as amended by
   Article 859(1) of Regulation No 2454/93, namely that the                     Article 1(29) of Regulation No 3254/94.
   time-limit ought to have been extended, is fulfilled where an
   application for an extension made in time has been refused by a         (1) OJ C 137 of 2.5.1998.
   now unappealable decision of the customs authority.
4. (a) Only circumstances liable to put the applicant in an
        exceptional situation in relation to other traders carrying on
        the same activity can justify an extension of the time-limit                          JUDGMENT OF THE COURT
        referred to in Article 49(1) of Regulation No 2913/92.
        Exceptional circumstances which, although not unknown to                                       (Fifth Chamber)
        the trader, are not events which would normally confront any
        trader in the exercise of his occupation may constitute such                               of 11 November 1999
        circumstances. It is for the customs authorities and the
        national courts to determine in each case whether such             in Case C-315/98: Commission of the European Communi-
        circumstances exist.                                                                      ties v Italian Republic (1)
                                                                           (Failure by a Member State to fulfil its obligations —
                                                                                                     Directive 95/21/EC)
   (b) Community law does not preclude a trader from lodging a
        single application for an extension of the prescribed time-                                     (2000/C 47/04)
        limit for assigning to goods covered by several summary
        declarations a customs-approved treatment or use. However,
        even in the case of a single application, the time-limit may                             (Language of the case: Italian)
        be extended only in respect of goods in relation to which the
        prescribed time-limit for assigning a customs-approved             (Provisional translation; the definitive translation will be published
        treatment or use has not yet expired.                                                   in the European Court Reports)
                                                                           In Case C-315/98: Commission of the European Communities
                                                                           (Agents: B. Mongin and L. Pignataro) v Italian Republic (Agents:
5. Article 900(1)(o) of Regulation No 2454/93, as amended by               Professor U. Leanza assisted by D. Del Gaizo) — Application
   Article 1(29) of Commission Regulation (EC) No 3254/94 of
                                                                           for a declaration that, by failing to adopt the laws, regulations
   19 December 1994, applies to cases in which the goods would             and administrative provisions necessary to implement Council
   have been eligible for Community treatment or preferential tariff       Directive 95/21/EC of 19 June 1995 concerning the enforce-
   treatment, but not to cases in which the goods would have been
                                                                           ment, in respect of shipping using Community ports and
   eligible for other forms of favourable treatment.                       sailing in the waters under the jurisdiction of the Member
                                                                           States, of international standards for ship safety, pollution
                                                                           prevention and shipboard living and working conditions (port
6. The customs authority or national court to which an application         State control) (OJ 1995 L 157, p. 1), the Italian Republic has
   is submitted for repayment on the basis of Article 900(1)(o) of         failed to fulfil its obligations under that Directive and the EC
   Regulation No 2454/93, as amended by Article 1(29) of                   Treaty, — the Court (Fifth Chamber) composed of D.A.O.
   Regulation No 3254/94, is required, where it is unable to grant         Edward, President of the Chamber, J.C. Moitinho de Almeida,
   the repayment applied for pursuant to that provision, to examine        L. Sevón (Rapporteur), C. Gulmann and J.-P. Puissochet,
   of its own motion the merits of that application in the light of        Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has
   the other provisions of Article 900 and Articles 901 to 904 of          given a judgment on 11 November 1999, in which it has
   Regulation No 2454/93. Where the decision-making authority              ruled:
   is not in a position, on the basis of the grounds adduced, to take
                                                                           1. By failing to adopt the laws, regulations and administrative
   a decision to repay or remit duties on the basis of Article 899 of
                                                                                provisions necessary to implement Council Directive 95/21/EC
   Regulation No 2454/93, it is required to examine of its own
                                                                                of 19 June 1995 concerning the enforcement, in respect of
   motion whether there is any evidence ‘which might constitute a
                                                                                shipping using Community ports and sailing in the waters under
   special situation resulting from circumstances in which no
                                                                                the jurisdiction of the Member States, of international standards
   deception or obvious negligence may be attributed to the person
                                                                                for ship safety, pollution prevention and shipboard living and
   concerned’ within the meaning of Article 905(1) of Regulation
                                                                                working conditions (port State control) within the prescribed
   No 2454/93 which would necessitate examination of the file by
                                                                                period, the Italian Republic has failed to fulfil its obligations
   the Commission.
                                                                                under that directive.
                                                                           2. The Italian Republic is ordered to pay the costs.
7. Where an application is made for the repayment or remission of
   import or export duties, the customs authority or national court        (1) OJ C 327 of 24.10.1998.
   cannot assume that the person concerned has not acted with any
   fraudulent intent or in a manner which is obviously negligent on