AEBTRI (Judgment) French Text [2017] EUECJ C-224/16 (22 November 2017)

AEBTRI (Judgment) French Text [2017] EUECJ C-224/16 (22 November 2017)

The CJEU held that it is competent to interpret the TIR Convention in preliminary references. Article 8(7) TIR Convention, read with its explanatory note, requires only that customs authorities notify the direct debtor of non-clearance and/or send a payment claim before proceeding against the guaranteeing...

Source-derived case information.

Citation
[2017] EUECJ C-224/16
Parties
Applicant: Asotsiatsia na balgarskite predpriyatia za mezhdunarodni prevozi i patishtata (Aebtri); Respondent: Nachalnik na Mitnitsa Burgas
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union
Outcome
Reference answered; interpretation provided
Legal Topics
TIR Convention Interpretation, Customs Debt Liability, Responsibility of Guaranteeing Associations, Procedure for Recovery of Customs Duties and Taxes, Joint and Several Liability Under Customs Law
European Union Law Customs Law International Transport Law TIR Convention Interpretation Customs Debt Liability Responsibility of Guaranteeing Associations Procedure for Recovery of Customs Duties and Taxes Joint and Several Liability Under Customs Law

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Parties

Asotsiatsia na balgarskite predpriyatia za mezhdunarodni prevozi i patishtata (Aebtri)

Applicant

Nachalnik na Mitnitsa Burgas

Respondent

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union

  1. 1 Whether the CJEU is competent to interpret Articles 8 and 11 of the TIR Convention in a preliminary reference
  2. 2 Scope of the obligation for customs authorities to seek payment from the direct debtor before claiming from the guaranteeing association under Article 8(7) TIR Convention
  3. 3 Interpretation of joint and several liability for customs debt under Articles 203 and 213 of the Community Customs Code

Ratio Decidendi

The CJEU held that it is competent to interpret the TIR Convention in preliminary references. Article 8(7) TIR Convention, read with its explanatory note, requires only that customs authorities notify the direct debtor of non-clearance and/or send a payment claim before proceeding against the guaranteeing association; they are not required to exhaust all legal remedies against the direct debtor. The authorities satisfied this obligation in the present case. Regarding joint and several liability, the customs authority is not obliged to pursue all primary debtors before claiming from the guaranteeing association. A consignee who receives goods under a TIR carnet without presenting them to...

Court Disposition

Reference answered; interpretation provided

Orders

  • The Court is competent to interpret Articles 8 and 11 of the TIR Convention in preliminary references.
  • Article 8(7) TIR Convention is satisfied if customs authorities notify the direct debtor of non-clearance and/or send a payment claim before claiming from the guaranteeing association; no need to exhaust all remedies.