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Order of the Court (Fifth Chamber) of 1 July 2010. # DSV Road NV v European Commission. # Appeal - Customs Code - Import of diskettes originating in Thailand - Post-clearance recovery of import duties - Application for remission of import duties. # Case C-358/09 P.
ECLI:EU:C:2010:398
62009CO0358
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(Case C-358/09 P)
Appeal – Customs Code – Import of diskettes originating in Thailand – Post-clearance recovery of import duties – Application for remission of import duties
4. Own resources of the European Communities – Repayment or remission of import duties – Fairness clause introduced by Article 239 of the Customs Code – Special situation – Meaning – Incorrect certificates issued by the customs authorities on the basis of the exporter’s untrue declarations, but those authorities not obliged to check the validity of those declarations – Excluded (Council Regulation No 2913/92, Art. 239; Commission Regulation No 2454/93, Art. 904(c)) (see paras 79-83)
Re:
Appeal against the judgment of 8 July 2009 of the Court of First Instance (Fourth Chamber) in Case T–219/07 DSV Road v Commission dismissing an application for annulment of the Commission’s Decision of 24 April 2007 informing the Belgian authorities that they might proceed with post-clearance recovery of import duties on diskettes originating in Thailand and that there were no grounds for granting remission of those duties (File reference: REC 05/02).
Operative part:
The Court:
1.Dismisses the appeal;
2.Orders DSV Road NV to pay the costs.