CELEX: C2002/274/26
Language: en
Date: 2002-11-09 00:00:00
Title: Order of the Court (First Chamber) of 8 July 2002 in Case 203/01 (reference for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal)): Fazenda Pública v Antero & Co. Ltd (Article 104(3) of the Rules of Procedure — Post-clearance recovery of import duties — Entry in the accounts of the import duties to be collected — Calculation of the time-limit for taking action for recovery)

C 274/16                 EN                      Official Journal of the European Communities                                     9.11.2002
                     ORDER OF THE COURT                                     Appeal brought on 30 July 2002 by Nuno Antas de
                                                                            Campos against the judgment delivered on 14 May 2002
                                                                            by the Second Chamber of the Court of First Instance of
                           (First Chamber)                                  the European Communities in Case T-194/00 (1) between
                                                                                Nuno Antas de Campos and European Parliament
                            of 8 July 2002
                                                                                                  (Case C-279/02 P)
in Case 203/01 (reference for a preliminary ruling from
the Supremo Tribunal Administrativo (Portugal)): Fazen-
               da Pública v Antero & Co. Ltd ( 1)
                                                                                                   (2002/C 274/27)
(Article 104(3) of the Rules of Procedure — Post-clearance
recovery of import duties — Entry in the accounts of the
import duties to be collected — Calculation of the time-limit
                  for taking action for recovery)
                                                                            An appeal against the judgment delivered on 14 May 2002 by
                           (2002/C 274/26)                                  the Second Chamber of the Court of First Instance of the
                                                                            European Communities in Case T-194/00 between Nuno
                                                                            Antas de Campos and European Parliament was brought
                  (Language of the case: Portuguese)                        before the Court of Justice of the European Communities on
                                                                            30 July 2002 by Nuno Antas de Campos, represented by
                                                                            C. Botelho Moniz and E. Maia Cadete, lawyers.
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                            The appellant claims that the Court should:
In Case C-203/01: reference to the Court under Article 234
EC from the Supremo Tribunal Administrativo (Supreme                        —    quash the contested judgment for errors in law, as a result
Administrative Tribunal) for a preliminary ruling in the                         of the misapplication, in the present case, of the principle
proceedings pending before that court between Fazenda                            of sound administration, the duty to provide reasons, the
Pública v Antero & Co. Ltd., intervener: Ministério Público —                    principle of equality and non-discrimination and the rules
on the interpretation of Articles 1, 2 and 5 of Council                          guaranteeing the right to a fair hearing;
Regulation (EEC) No 1697/79 of 24 July 1979 on the post-
clearance recovery of import duties or export duties which
have not been required of the person liable for payment on
                                                                            —    also on the grounds of breach of the principle of sound
goods entered for a customs procedure involving the obligation
to pay such duties (OJ 1979 L 197, p. 1) — the Court (First                      administration and of the duty to provide reasons and
                                                                                 the principle of equality and non-discrimination, annul
Chamber), composed of: P. Jann (Rapporteur), President of the
                                                                                 the decision of the President of the European Parliament,
Chamber, M. Wathelet and A. Rosas, Judges; A. Tizzano,
Advocate General; R. Grass, Registrar, has made an order on                      communicated to the appellant by means of letter
                                                                                 No 109172, of 14 July 2000, in reply to a complaint
8 July 2002, in which it has ruled:
                                                                                 submitted by him on 2 December 1999;
The expression ‘entry in the accounts’ used in Article 1(2)(c) and in
the second subparagraph of Article 2(1) of Council Regulation (EEC)         —    refer the case back to the Court of First Instance for
No 1697/79 of 24 July 1979 on the post-clearance recovery of                     assessment of the facts in support of the claim for
import duties or export duties which have not been required of the               compensation, the case to proceed to final judgment on
person liable for payment on goods entered for a customs procedure               that matter;
involving the obligation to pay such duties refers to the administrative
act determining the amount of the import or export duties to be
collected by the competent authorities and not to the entry by the          —    in the event that the judgment of the Court of First
customs authorities in accounts books, or on equivalent computer                 Instance is quashed on the sole ground of infringement
media, of such amount. Such entry is not a condition prior essential             of the right to a fair hearing, refer the case back to the
to the taking of action for post-clearance recovery.                             Court of First Instance to hear the evidence previously
                                                                                 passed over;
( 1) OJ 2001 C 227.
                                                                            —    order the European Parliament to pay the costs of these
                                                                                 proceedings as well as those incurred by the appellant in
                                                                                 Case T-194/00.