Official Journal of the European Union

C 285/33

Judgment of the Court of First Instance of 16 September 2008 — Nortrail Transport v Commission

(Case T-496/04) (1)

(Customs Union - External Community transit operation - Fishery products originating in Norway - Application for remission and repayment of import duties - Fairness clause - Regulations (EEC) No 2913/92 and No 2454/93 - Special situation - Retroactive opening of tariff quotas)

(2008/C 285/59)

Language of the case: German


Applicant: Nortrail Transport GmbH (Kiel, Germany) (represented by: J. Krause, lawyer)

Defendant: Commission of the European Communities (represented initially by B. Schima and J. Hottiaux, then by B. Schima and M. Patakia, Agents)


Application for annulment of Commission Decision REM 15/02 of 1 October 2004, finding that the repayment of import duties to the applicant, which are the subject of the application made by the Federal Republic of Germany, is not justified.

Operative part of the judgment

The Court:


Dismisses the action;


Orders Nortrail Transport GmbH to bear its own expenses and to pay the expenses incurred by the Commission.

(1)  OJ C 93, 16.4.2005.