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Case T-466/14: Judgment of the General Court of 15 December 2016 — Spain v Commission (Customs Union — Importation of tuna products from El Salvador — Post-clearance recovery of import or export duties — Application for non-recovery of import duties — Article 220(2)(b) and Article 236 of Regulation (EEC) No 2913/92 — Right to good administration under Article 872a of Regulation (EEC) No 2454/93 — Error of the competent authorities not reasonably capable of being detected)
ECLI:EU:UNKNOWN:62014TA0466
62014TA0466
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Official Journal of the European Union
C 38/24
(Case T-466/14) (<span class="super note-tag">1</span>)
((Customs Union - Importation of tuna products from El Salvador - Post-clearance recovery of import or export duties - Application for non-recovery of import duties - Article 220(2)(b) and Article 236 of Regulation (EEC) No 2913/92 - Right to good administration under Article 872a of Regulation (EEC) No 2454/93 - Error of the competent authorities not reasonably capable of being detected))
(2017/C 038/32)
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented initially by A. Rubio González, and subsequently by V. Ester Casas, abogados del Estado)
Defendant: European Commission (represented by: P. Arenas, A. Caeiros and B.-R. Killmann, acting as Agents)
Re:
Action based on Article 263 TFEU and seeking annulment of Commission Decision C(2014) 2363 final of 14 April 2014 which found, in a particular case, that the remission of import duties is justified for a certain amount, but not for another amount (REM 02/2013), inasmuch as it concludes that the remission of the import duties of EUR 14 417 193,41 is not justified.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the Kingdom of Spain to bear its own costs and to pay those incurred by the European Commission.
(<span class="note"> <a id="ntr1-C_2017038EN.01002402-E0001" href="#ntc1-C_2017038EN.01002402-E0001">*1</a> </span>) OJ C 261, 11.8.2014.