Official Journal of the European Union

C 133/2

(Case C-506/09 P) (<span class="super">1</span>)

(Appeal - Customs union - Regulation (EEC) No 2913/92 and Regulation (EEC) No 2454/93 - Remission of import duties - Consignments of tobacco and ethyl alcohol for third countries - Fraud committed by an employee of the company liable)

2012/C 133/03

Language of the case: English

Parties

Appellant: Portuguese Republic (represented by: L. Inez Fernandes, Agent)

Other parties to the proceedings: Transnáutica — Transportes e Navegação SA (represented by: M. López Garrido, advogada), European Commission (represented by: R. Lyal and L. Bouyon, Agents)

Intervener in support of the appellant: Kingdom of Spain (represented by: M. Muñoz Pérez, Agent)

Re:

Appeal brought against the judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 in Case T-385/05 Transnáutica v Commission, by which that court annulled Commission Decision REM 05/2004 of 6 July 2005 informing the Portuguese authorities that the remission of import duties for the applicant was not justified in relation to a certain amount and that import duties could not be reimbursed to it in relation to another amount since the fact that the applicant was unaware that one of its employees was acting fraudulently did not constitute a special situation which may justify the remission and reimbursement of import duties to it.

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders the Portuguese Republic to pay the costs;

3.Orders the Kingdom of Spain to bear its own costs.

(<span class="super">1</span>) OJ C 63, 13.3.2010.