Official Journal of the European Union

C 236/3

(Case C-204/07 P)

(Appeals - EEC-Turkey Association Agreement - Regulation (EEC) No 2913/92 - Article 239 - Community Customs Code - Repayment and remission of import duty - Fruit juice concentrate from Turkey - Movement certificates - Falsification - Special situation)

(2008/C 236/04)

Language of the case: German

Parties

Appellant: C.A.S. SpA (represented by: D. Ehle, Rechtsanwalt)

Other party to the proceedings: Commission of the European Communities (represented by: M. Patakia and S. Schønberg, acting as Agents, assisted by M. Núñez Müller, Rechtsanwalt)

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 6 February 2007 in Case T-23/03 C.A.S. v Commission dismissing the application for partial annulment of Commission Decision REC 10/01 of 18 October 2002 relating to a claim for remission of import duties recovered post-clearance on fruit juice concentrates from Turkey imported under certificates of origin which had proved to be false in a subsequent check — Omissions and errors on the part of the Turkish authorities and the Commission capable of creating a special situation within the meaning of Article 239 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1) — Distribution of the burden of proof as to the existence of a special situation — Legal classification of the documents and facts

Operative part of the judgment

The Court:

1.Sets aside the judgment of the Court of First Instance of 6 February 2007 in Case T-23/03 CAS v Commission;

2.Annuls Article 2 of the Decision of the Commission of 18 October 2002 (REC 10/01);

3.Orders the Commission of the European Communities to pay the costs at both instances.

(1)

OJ C 140, 23.6.2007.