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Case T-752/14: Action brought on 12 November 2014 — Comber v Commission
ECLI:EU:UNKNOWN:62014TN0752
62014TN0752
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Official Journal of the European Union
C 34/39
(Case T-752/14)
(2015/C 034/46)
Language of the case: German
Parties
Applicant: Comber SA (Lausanne, Switzerland) (represented by: D. Heel, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul the Commission Decision of 16 July 2014 (REM 05/2013) on the refusal of the application for remission of import duties amounting to EUR 4 61 415,12;
—order the defendant to pay the costs of these proceedings.
Pleas in law and main arguments
In support of the action, the applicant submits that the post-clearance customs duties for the import of linen fabric from Latvia in the years 1999 to 2002 must be remitted in accordance with Article 239 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1) due to the presence of special circumstances. The applicant cites as special circumstances serious breaches of obligations by the Latvian customs authorities, serious breaches of obligations by the European Commission/OLAF and serious misconduct of the German customs authorities. In the applicant’s view, those circumstances cannot be attributed to obvious negligence on its part.