(Case C-498/09 P)

Appeal – Customs Code – Remission of import duties – Waiver of post-clearance recovery – Anti-dumping duties – No obvious negligence – Complexity of the legislation – Professional experience – Operator’s diligence – Colour televisions made in Thailand – Challengeable acts

3. Procedure – Measures of inquiry – Discretion of the Court of First Instance (Rules of Procedure of the General Court, Art. 64(3)(d)) (see paras 137-138)

Re:

Appeal against the judgment of 29 September 2009 of the Court of First Instance (First Chamber) in Joined Cases T-225/07 and T-364/07 Thomson Sales Europe v Commission by which the Court dismissed the appellant’s action for annulment of Commission Decision REM No 03/05 of 7 May 2007 informing the French authorities that remission of import duties on the colour television receivers manufactured in Thailand covered by their application of 14 September 2005 was not justified, and for annulment of the Commission’s letter of 20 July 2007 not confirming entitlement to a waiver of post-clearance recovery of import duties on those items – Procedure relating to the application for remission of duties claimed on the basis of Article 239 of the Customs Code and for waiver of post-clearance recovery of those duties on the basis of Article 220(2)(b) of the Code – Failure to respect the rights of the defence – Error in the legal characterisation of the facts.

Operative part