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Case T-576/11: Judgment of the General Court of 16 April 2015 — Schenker Customs Agency v Commission (Customs Union — Post-clearance recovery of import duties — Importation of glyphosate originating from Taiwan — Application for remission of import duties submitted by a customs agent — Article 239 of Regulation (EEC) No 2913/92 — Fairness clause — Special situation — Declarations for release for free circulation — Certificates of incorrect origin — Concept of obvious negligence — Commission decision declaring remission of duties not justified)
ECLI:EU:UNKNOWN:62011TA0576
62011TA0576
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8.6.2015
Official Journal of the European Union
C 190/9
(Case T-576/11) (*)
((Customs Union - Post-clearance recovery of import duties - Importation of glyphosate originating from Taiwan - Application for remission of import duties submitted by a customs agent - Article 239 of Regulation (EEC) No 2913/92 - Fairness clause - Special situation - Declarations for release for free circulation - Certificates of incorrect origin - Concept of obvious negligence - Commission decision declaring remission of duties not justified))
(2015/C 190/10)
Language of the case: Dutch
Parties
Applicant: Schenker Customs Agency BV (Rotterdam, Netherlands) (represented by: J. Biermasz and A. Jansen, lawyers)
Defendant: European Commission (represented initially by L. Keppenne and F. Wilman and subsequently by A. Caeiros and B.-R. Killmann, Agents, and by Y. Van Gerven, lawyer)
Re:
Application for annulment of Commission Decision C (2011) 5208 final of 27 July 2011, finding that the remission of import duties is not justified in a particular case (Case REM 01/2010).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Schenker Customs Agency BV to bear its own costs and to pay those incurred by the European Commission.
(*)
Language of the case: Dutch
ECLI:EU:C:2015:140