CELEX: 62004TJ0313
Language: en
Date: 2006-10-03 00:00:00
Title: Judgment of the Court of First Instance (Second Chamber) of 3 October 2006. # Hewlett-Packard GmbH v Commission of the European Communities. # Refusal of repayment of import duties - Action for annulment - Importation of printers and printer cartridges from Singapore - Particular circumstances - Equity clause - Article 239 of Regulation (EC) No 2913/92. # Case T-313/04.

Judgment of the Court of First Instance (Second Chamber) of 3 October 2006 – Hewlett-Packard v Commission
      (Case T-313/04)
      Refusal of repayment of import duties – Action for annulment – Importation of printers and printer cartridges from Singapore – Particular circumstances – Equity clause – Article 239 of Regulation (EC) No 2913/92
      1.                     Acts of the institutions – Temporal application – Immediate application of a new procedural rule – Retrospective effect of
            a substantive rule – Conditions (Council Regulation No 3093/95; Commission Regulation No 3009/95) (see para. 53)
      2.                     Own resources of the European Communities – Repayment or remission of import or export duties (Council Regulation No 2913/92,
            Art. 239; Commission Regulation No 2454/93, Art. 905) (see paras 55-61)
      3.                     Community law – Principles – Legal certainty – Community legislation (see para. 66)
      4.                     Community law – Principles – Protection of legitimate expectations – Conditions (see paras 72-73)
      Re:
      
         ACTION for annulment of Commission Decision REM 06/02 of 7 April 2004 advising the German authorities that the applicant should
                  not receive repayment of import duties on printers and printer cartridges from Singapore.
               
            Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to bear its own costs and pay those of the Commission.