Official Journal of the European Union

C 129/14

(Case T-324/10) (<span class="super">1</span>)

(Customs union - Imports of bananas from Ecuador - Post-clearance recovery of import duties - Request for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 - Error by the customs authorities - Obvious negligence on the part of the interested party)

2013/C 129/27

Language of the case: Dutch

Parties

Applicant: Firma Léon Van Parys (Antwerp, Belgium) (represented: initially by P. Vlaemminck and A. Hubert and subsequently by Vlaemminck, R. Verbeke and J. Auwerx, lawyers)

Defendant: European Commission (represented by: L. Keppenne and F. Wilman, acting as Agents)

Intervener in support of the applicant: Kingdom of Belgium (represented by J.-C. Halleux and M. Jacobs, Agents, and by P. Vander Schueren, lawyer)

Re:

Application for annulment, in part, of Commission Decision C(2010) 2858 of 6 May 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is justified with regard to a debtor but is not justified in the particular case of another debtor.

Operative part of the judgment

The Court:

1.Annuls Article 1(3) of Commission Decision C(2010) 2858 final of 6 May 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is justified with regard to a debtor but is not justified in the particular case of another debtor;

2.Dismisses the action as to the remainder;

3.Orders the European Commission to bear its own costs and to pay those incurred by Firma Léon Van Parys NV;

4.Orders the Kingdom of Belgium to bear its own costs.

(<span class="super">1</span>) OJ C 274, 9.10.2010.