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Case T-159/09: Judgment of the General Court of 18 June 2012 — Biofrescos v Commission (Customs union — Frozen shrimps and prawns from Indonesia — Invalid certificates of origin — Post-clearance recovery of import duties — Application for remission of import duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92)

ECLI:EU:UNKNOWN:62009TA0159

62009TA0159

June 18, 2012
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28.7.2012

Official Journal of the European Union

C 227/17

(Case T-159/09) (<span class="super">1</span>)

(Customs union - Frozen shrimps and prawns from Indonesia - Invalid certificates of origin - Post-clearance recovery of import duties - Application for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92)

2012/C 227/23

Language of the case: Portuguese

Parties

Applicant: Biofrescos — Comércio de Produtos Alimentares, Lda (Linda-a-Velha, Portugal) (represented by: A. de Magalhães Menezes, lawyer)

Defendant: European Commission (represented by: R. Lyal, P. Guerra e Andrade and L. Bouyon, acting as Agents)

Re:

Application for annulment of Commission Decision C(2009) 72 final of 16 January 2009 finding that there should be post-clearance recovery of import duties and that remission of those duties is not justified in a particular case

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Biofrescos — Comércio de Produtos Alimentares, Lda to pay the costs.

(<span class="super">1</span>) OJ C 153, 4.7.2009.

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