CELEX: C1997/318/49
Language: en
Date: 1997-10-18 00:00:00
Title: Action brought on 24 July 1997 by Seiga SA against the Commission of the European Communities (Case T-217/97)

18 . 10 . 97           EN                  Official Journal of the European Communities                                  C 318/25
Pleas in law and main arguments adduced in support:                   by Seiga SA, whose registered office is at Thiais ( France ),
                                                                      respresented by Fabrice Goguel, of the Paris Bar, with an
                                                                      address for service in Luxembourg at the Chambers of
The applicant, which has imported television sets                     Aloyse May, 31 Grand-Rue .
manufactured in Turkey by various companies since 1987/
88 , applies in this case for the annulment of a decision by
the Commission, which held, on an application submitted               The applicant claims that the Court should:
by France, that 'it is justified to effect post-clearance
recovery of import duties, and the remission of those
duties is not justified in an individual case'.                       — annul the Commission Decision dated 24 April 1997,
The facts are similar to those in Cases T-l 86/97 et seq (')          — declare the applicant entitled to non-recovery, post­
                                                                             clearance, of the duties in dispute,
Concerning the legal background, the applicant in this
case argues that the contested decision makes no reference            — in the alternative, declare the applicant entitled to the
to it, that there has been insufficient reasoning, and that                  remission of those duties,
both the Turkish customs authorities and the Commission
committed errors . It submits that the Commission failed
to fulfil its obligations and the legitimate expectations             — order the Commission to pay the costs .
which Community importers might place in its action.
This constituted an 'error on the part of the competent
authorities', within the meaning of Regulation ( EEC )
                                                                      Pleas in law and main arguments adduced in support:
No 1697/79 , which the person liable could not reasonably
have detected, since the A.TR documents duly
authenticated by the Turkish authorities could not fail to
give rise to legitimate expectations on the part of                   The pleas in law and main arguments are similar to those
                                                                      in Case T-2 16/97 (').
Community importers, and the latter had no reason to
cast doubt on them .
                                                                      ( ] ) See previous case .
The applicant maintains that all the conditions for
applying Article 5 ( 2 ) of Regulation ( EEC ) No 1697/79
are fulfilled in this case, and that it is entitled to non-post
clearance recovery of the customs duties in question,
having itself acted in good faith, complying with all the
relevant provisions.                                                  Action brought on 24 July 1997 by Seiga SA against the
                                                                                 Commission of the European Communities
Finally, the applicant considers that it fulfils all the                                        ( Case T-2 18/97)
conditions in order to benefit from remission of the
                                                                                                  ( 97/C 318/50 )
customs duties in question, pursuant to Article 13 of
Regulation ( EEC ) No 1430/79 .
                                                                                         (Language of the case: French)
(') See page 17 of this Official Journal.
                                                                      An action against the Commission of the European
                                                                      Communities was brought before the Court of First
                                                                      Instance of the European Communities on 24 July 1997
                                                                      by Seiga SA, the successor of High Tech Industries SA,
                                                                      whose registered office is at Thiais ( France ), represented
Action brought on 24 July 1997 by Seiga SA against the                by Fabrice Goguel, of the Paris Bar, with an address for
          Commission of the European Communities                      service in Luxembourg at the Chambers of Aloyse May,
                                                                      31 Grand-Rue .
                         ( Case T-2 17/97)
                           ( 97/C 318/49 )
                                                                      The applicant claims that the Court should:
                (Language of the case: French)
                                                                      — annul the Commission Decision dated 24 April 1997,
An action against the Commission of the European
Communities was brought before the Court of First                     — declare the applicant entitled to non-recovery, post­
Instance of the European Communities on 24 July 1997                         clearance, of the duties in dispute,