CELEX: C2005/281/34
Language: en
Date: 2005-11-12 00:00:00
Title: Case T-26/03: Judgment of the Court of First Instance of 27 September 2005 — GeoLogistics BV v Commission (Customs Union — External Community transit operations — Meat destined for Morocco — Fraud — Application for remission of import duties — Article 239 of Regulation (EEC) No 2913/92 — Article 905 of Regulation (EEC) No 2454/93 — Fairness clause — Special situation — No deception or obvious negligence)

12.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/19
            
         Judgment of the Court of First Instance of 27 September 2005 — GeoLogistics BV v Commission
   (Case T-26/03) (1)
   
   (Customs Union - External Community transit operations - Meat destined for Morocco - Fraud - Application for remission of import duties - Article 239 of Regulation (EEC) No 2913/92 - Article 905 of Regulation (EEC) No 2454/93 - Fairness clause - Special situation - No deception or obvious negligence)
   (2005/C 281/34)
   Language of the case: Dutch
   Parties
   
      Applicant(s): GeoLogistics BV (Schiphol Rijk, Netherlands) (represented initially by H. de Bie and K. Schellaars, and subsequently by H. De Bie and A. Huizing, lawyers)
   
      Defendant(s): Commission of the European Communities (represented by X. Lewis, Agent, assisted by F. Tuytschaever, lawyer)
   
      Intervener(s) in support of the defendant(s): Kingdom of Spain (represented by L. Fraguas Gadea and J.M. Rodríguez Cárcamo, abogados del Estado)
   Application for
   annulment of Commission Decision REM 08/00 of 7 October 2002 declaring there to be no grounds for the applicant to be granted remission of import duties, as requested in the application submitted by the Kingdom of the Netherlands
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Annuls Commission Decision REM 08/00 of 7 October 2002 in so far as it refuses to remit the import duties for which the applicant was found liable in respect of customs operations carried out by it on or after 12 June 1995;
            
         
               2)
            
            
               Order the Commission to bear its own costs and to pay those of the applicant;
            
         
               3)
            
            
               Orders the Kingdom of Spain to bear its own costs.
            
         
      (1)  OJ C 70, 22.3.2003.