SGS Belgium and Others (Communities own resources) French Text [2010] EUECJ C-367/09 (15 July 2010)

SGS Belgium and Others (Communities own resources) French Text [2010] EUECJ C-367/09 (15 July 2010)

Articles 5 and 7 of Regulation No 2988/95 do not have direct effect as an autonomous legal basis for imposing sanctions; a control and surveillance company such as SGS Belgium cannot be sanctioned as an 'operator' under these provisions in conjunction with Article 11 of Regulation No 3665/87; a registered letter...

Source-derived case information.

Parties
Applicant: Belgisch Interventie- en Restitutiebureau (B.I.R.D); Respondent: SGS Belgium NV; Third Party: Firme Derwa NV; Third Party: Centraal Beheer Achmea NV
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
Preliminary questions answered; no sanction can be imposed on SGS Belgium under the cited EU provisions.
Legal Topics
Effect Direct of EU Regulations, Sanctions for Irregularities in Export Refunds, Interpretation of Regulation No 2988/95, Interpretation of Regulation No 3665/87, Prescription/interruption of Limitation Periods
European Union Law Administrative Law Customs Law Effect Direct of EU Regulations Sanctions for Irregularities in Export Refunds Interpretation of Regulation No 2988/95 Interpretation of Regulation No 3665/87 Prescription/interruption of Limitation Periods

Source-derived case record

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Parties

Belgisch Interventie- en Restitutiebureau (B.I.R.D)

Applicant

SGS Belgium NV

Respondent

Firme Derwa NV

Third Party

Centraal Beheer Achmea NV

Third Party

Procedural Posture

Preliminary Reference / Opinion of Advocate General

  1. 1 Whether Articles 5 and 7 of Regulation No 2988/95 have direct effect to autonomously impose sanctions
  2. 2 Whether a control and surveillance company can be sanctioned as an 'operator' under EU law for inaccurate certificates
  3. 3 Whether certain administrative acts interrupt the limitation period under Article 3(1) of Regulation No 2988/95

Ratio Decidendi

Articles 5 and 7 of Regulation No 2988/95 do not have direct effect as an autonomous legal basis for imposing sanctions; a control and surveillance company such as SGS Belgium cannot be sanctioned as an 'operator' under these provisions in conjunction with Article 11 of Regulation No 3665/87; a registered letter imposing a sanction constitutes an act interrupting prescription under Article 3(1) of Regulation No 2988/95.

Court Disposition

Preliminary questions answered; no sanction can be imposed on SGS Belgium under the cited EU provisions.

Orders

  • Articles 5 and 7 of Regulation No 2988/95 do not have direct effect to autonomously impose sanctions.
  • A control and surveillance company cannot be sanctioned as an 'operator' under these provisions in conjunction with Article 11 of Regulation No 3665/87.