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15.10.2005 |
EN |
Official Journal of the European Union |
C 257/8 |
Judgment of the Court of First Instance of 13 September 2005 — Ricosmos BV v Commission
(Case T-53/02) (1)
(Customs law - External Community transit operation concerning cigarettes - Fraud - Application for remission of import duties - Regulation (EEC) No 2913/92 - Regulation (EEC) No 2454/93 - Equity clause - Compliance with time-limits - Rights of the defence - Principle of proportionality - Concept of obvious negligence)
(2005/C 257/13)
Language of the case: Dutch
Parties:
Applicant(s): Ricosmos BV (Delfzijl (Netherlands)) [represented by initially M. Chatelin, M. Fleers and P. Metzler, then by J. Hertoghs, lawyers,]
Defendant(s): Commission of the European Communities [represented by initially M. van Beck and R. Tricot, then by M. van Beck and B. Stromsky, Agents,]
Application for:
annulment of Commission Decision REM 09/00 of 16 November 2001 declaring that the remission of import duties in favour of the applicant which is the subject-matter of the application submitted by the Kingdom of the Netherlands is not justified
Operative part of the judgment:
The Court:
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1) |
Dismisses the application; |
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2) |
Orders the applicant to bear its own costs and those of the Commission. |