Belgian State v Philipp Brothers SA. [1990] EUECJ C-155/89 (12 July 1990)

Belgian State v Philipp Brothers SA. [1990] EUECJ C-155/89 (12 July 1990)

Erroneous release of security does not discharge the exporter from obligations under Regulation No 2730/79. Extensions of time for customs documents may be granted after the deadline if due diligence is shown, but not for transport documents unless force majeure applies. The provisions are not invalid under the...

Source-derived case information.

Citation
[1990] EUECJ C-155/89
Parties
Applicant: Belgian State; Respondent: Philipp Brothers SA
Jurisdiction
European Union
Judgment Date
12 July 1990
Procedural Posture
Preliminary Ruling (reference for Interpretation and Validity) / Preliminary Reference From Cour D'appel, Paris, to the Court of Justice of the European Communities
Outcome
Questions answered; validity of Articles 25 and 31 of Regulation No 2730/79 upheld.
Legal Topics
Export Refunds, Security Release, Proportionality Principle, Proof of Exportation, Time Limits for Documentation, Force Majeure, Extension of Time
European Union Law Administrative Law Agricultural Law Export Refunds Security Release Proportionality Principle Proof of Exportation Time Limits for Documentation +2 more

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Parties

Belgian State

Applicant

Philipp Brothers SA

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation and Validity) / Preliminary Reference From Cour D'appel, Paris, to the Court of Justice of the European Communities

Legal Issues

  1. 1 Does erroneous release of security by a national agency discharge the exporter from obligations under Regulation No 2730/79?
  2. 2 Can an extension of time for submitting customs documents be requested after the prescribed period?
  3. 3 Is force majeure required for an extension of time under Article 31(2)?

Ratio Decidendi

Erroneous release of security does not discharge the exporter from obligations under Regulation No 2730/79. Extensions of time for customs documents may be granted after the deadline if due diligence is shown, but not for transport documents unless force majeure applies. The provisions are not invalid under the principle of proportionality as the penalties and time-limits are necessary and reasonable to achieve the regulation's aims.

Court Disposition

Questions answered; validity of Articles 25 and 31 of Regulation No 2730/79 upheld.

Orders

  • Erroneous release of security does not discharge exporter from obligations.
  • Extension of time for customs documents may be requested after the deadline if due diligence and valid reasons are shown.