Met-Trans (Free movement of goods) French text [2000] EUECJ C-406/98 (23 March 2000)

Met-Trans (Free movement of goods) French text [2000] EUECJ C-406/98 (23 March 2000)

Proof of the location of an infraction under TIR transit is not limited to documentary evidence from competent authorities; all means of proof admitted by national law are acceptable. The limitation period for providing such proof is one year, not three months. The compensation mechanism applies when duties are...

Source-derived case information.

Citation
[2000] EUECJ C-406/98
Parties
Respondent: Hauptzollamt Neubrandenburg; Applicant: Leszek Labis (Przedsiebiorstwo Transportowo-Handlowe 'Met-Trans'); Applicant: Sagpol SC Transport Miedzynarodowy i Spedycja
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Final Judgment
Outcome
Questions answered; preliminary reference resolved.
Legal Topics
Free Movement of Goods, Transit Procedures, TIR Convention, Customs Duties, Proof of Infraction Location
European Union Law Customs Law Free Movement of Goods Transit Procedures TIR Convention Customs Duties Proof of Infraction Location

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Parties

Hauptzollamt Neubrandenburg

Respondent

Leszek Labis (Przedsiebiorstwo Transportowo-Handlowe 'Met-Trans')

Applicant

Sagpol SC Transport Miedzynarodowy i Spedycja

Applicant

Procedural Posture

Preliminary Reference / Final Judgment

  1. 1 What evidence is required to prove the location of an infraction under TIR transit?
  2. 2 Is a three-month limitation period for providing proof lawful?
  3. 3 Does the compensation mechanism apply when duties are collected by the wrong Member State?

Ratio Decidendi

Proof of the location of an infraction under TIR transit is not limited to documentary evidence from competent authorities; all means of proof admitted by national law are acceptable. The limitation period for providing such proof is one year, not three months. The compensation mechanism applies when duties are collected by a Member State later found not to be competent, even if proof was initially deemed insufficient.

Court Disposition

Questions answered; preliminary reference resolved.

Orders

  • Proof of infraction location is not limited to documentary evidence from competent authorities.
  • Limitation period for providing proof is one year, not three months.