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Case T-32/11: Judgment of the General Court of 10 February 2012 — Verenigde Douaneagenten v Commission (Customs union — Imports of raw cane sugar from the Netherlands Antilles — 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 — Infringement of essential procedural requirements)

ECLI:EU:UNKNOWN:62011TA0032

62011TA0032

February 10, 2012
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24.3.2012

Official Journal of the European Union

C 89/21

(Case T-32/11) (<span class="super">1</span>)

(Customs union - Imports of raw cane sugar from the Netherlands Antilles - 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 - Infringement of essential procedural requirements)

2012/C 89/34

Language of the case: Dutch

Parties

Applicant: Verenigde Douaneagenten BV (Rotterdam, Netherlands) (represented by: J. van der Meché and S. Moolenaar, lawyers)

Defendant: European Commission (represented by: L. Bouyon and B. Burggraaf, acting as Agents)

Re:

Application for annulment of Commission Decision C(2010) 6754 final of 1 October 2010 finding that there should be post-clearance recovery of import duties and that remission of those duties is not justified in a particular case (REC 02/09).

Operative part of the judgment

The Court:

1.Annuls Commission Decision C(2010) 6754 final of 1 October 2010 in so far as it determines that the remission of import duties in the sum of EUR 531 985,59, pursuant to Article 239 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, is not justified;

2.Dismisses the remainder of the action;

3.Orders each party to bear its own costs.

(<span class="super">1</span>) OJ C 103, 2.4.2011.

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