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Case T-38/09: Order of the General Court of 9 December 2013 — El Corte Inglés v Commission (Customs Union — Import of textiles declared to have originated in Jamaica — Recovery ‘a posteriori’ of import duties — Application for remission of duties — Articles 220(2)(b) and 239 of Regulation (EEC) No 2913/92 — Commission decision rejecting that application — Annulment by the national court of the decision of the national authorities to enter in the accounts duties a posteriori — No need to adjudicate)

ECLI:EU:UNKNOWN:62009TB0038

62009TB0038

December 9, 2013
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15.2.2014

Official Journal of the European Union

C 45/29

(Case T-38/09)(1)

(Customs Union - Import of textiles declared to have originated in Jamaica - Recovery ‘a posteriori’ of import duties - Application for remission of duties - Articles 220(2)(b) and 239 of Regulation (EEC) No 2913/92 - Commission decision rejecting that application - Annulment by the national court of the decision of the national authorities to enter in the accounts duties a posteriori - No need to adjudicate)

2014/C 45/47

Language of the case: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: M. Baz and P. Muñiz, lawyers)

Defendant: European Commission (represented by: G. Valero Jordana and L. Keppenne, acting as Agents)

Intervener in support of the applicant: Axstores AB, formerly Åhléns AB (Stockholm, Sweden) (represented initially by P. Fohlin and U. Käll, subsequently by U. Käll and T. Wetterlundh, lawyers)

Re:

Application for annulment of Commission Decision C(2008) 6317 final of 3 November 2008, finding, first, that it is justified to proceed to recovery a posteriori of those import duties not demanded from the applicant and, second, that the remission of those duties is not justified by the existence of a special situation, regarding the import of textiles declared to have originated in Jamaica (Case REM 03/07).

Operative part of the order

1.There is no longer any need to adjudicate on the action.

2.Each party shall bear its own costs.

(1)

OJ C 69, 21.3.2009.

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