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Case C-506/09 P: Appeal brought on 7 December 2009 by the Portuguese Republic against the judgment of the Court of First Instance of the European Communities (Seventh Chamber) delivered on 23 September 2009 in Case T-385/05: Transnáutica — Transportes e Navegação SA v Commission
ECLI:EU:UNKNOWN:62009CN0506
62009CN0506
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13.3.2010
Official Journal of the European Union
C 63/24
(Case C-506/09 P)
2010/C 63/39
Language of the case: English
Parties
Appellant: Portuguese Republic (represented by: L. Fernandes, C. Guerra Santos, J. Gomes, P. Rocha, Agents)
Other parties to the proceedings: Transnáutica — Transportes e Navegação, SA, European Commission
Form of order sought
The appellant claims that the Court should:
—grant the appeal brought by the Portuguese authorities by staying the determination of this case pending delivery of judgment by the General Court, inasmuch as in the third-party proceedings it is necessary to argue not only the law but also the facts of the case;
—set aside the judgment given on 23 September in Case T-385/05 Transnáutica — Transportes e Navegação SA v Commission by the Court of First Instance of the European Communities by which that court annulled Commission Decision REM 05/2004 of 6 July 2005 refusing Transnáutica's application for repayment and remission of customs debts;
—order Transnáutica — Transportes e Navegação SA to pay the costs.
Pleas in law and main arguments
The appellant submits that the Court of First Instance erred when it concluded that the Portuguese customs authorities were at fault in the setting and monitoring of the comprehensive guarantee used in the transit operations at issue.
The appellant also submits that it is impossible to establish any causal link between the errors allegedly committed by the Portuguese authorities and the later removal of the goods from customs supervision and maintains that, by concluding otherwise, the Court of First Instance has contravened European Union law.