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Judgment of the Court of First Instance (First Chamber) of 29 September 2009.#Thomson Sales Europe v Commission of the European Communities.#Customs union - Imports of colour television receivers manufactured in Thailand - Refund of import duties - Manifest negligence - Post-clearance recovery of import duties - Action for annulment - Act having adverse effects - Inadmissibility.#Joined cases T-225/07 and T-364/07.
ECLI:EU:T:2009:363
62007TJ0225
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(Joined Cases T-225/07 and T-364/07)
Customs union – Imports of colour television receivers manufactured in Thailand – Refund of import duties – Manifest negligence – Post-clearance recovery of import duties – Action for annulment – Act having adverse effects – Inadmissibility
1. Own resources of the European Communities – Repayment or remission of import duties (Council Regulations Nos 2913/92, Art. 239, 2584/98, 710/95 and 1531/2002; Commission Regulations Nos 2454/93, Art. 905 and Annex 11, and 2376/94) (see paras 66-68, 72-132, 137-154)
Re:
APPLICATION for, in Case T‑225/07, annulment of Commission Decision REM 03/05 of 7 May 2007 stating to the French authorities that the refund of import duties is not justified on the importation of colour television receivers manufactured in Thailand covered by their application of 14 September 2005 and, in Case T‑364/07, annulment of the letter of the Commission of 20 July 2007 not confirming acquisition of the entitlement to post-clearance recovery of import duties on those items.
Operative part
The Court:
1.Dismisses the actions;
2.Orders Thomson Sales Europe to bear its own costs and to pay those incurred by the Commission of the European Communities.