Prenatal (Free movement of goods - Judgment) French Text [2019] EUECJ C-589/17 (29 July 2019)

Prenatal (Free movement of goods - Judgment) French Text [2019] EUECJ C-589/17 (29 July 2019)

The Court held that the Commission did not err in law in Decision REM 03/07 by finding no error by the Jamaican customs authorities under Article 220(2)(b) of the Customs Code, as there was no evidence that those authorities knew or should have known of the irregularities, nor did they fail their control...

Source-derived case information.

Citation
[2019] EUECJ C-589/17
Parties
Applicant: Prenatal SA; Respondent: Tribunal Económico Administrativo Regional de Cataluña (TEARC); Intervener: Commission européenne; Intervener: Gouvernement espagnol
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment on Validity and Interpretation of EU Law
Outcome
Decision REM 03/07 is valid; preliminary questions answered as set out in the judgment.
Legal Topics
Free Movement of Goods, Preferential Origin, Customs Duties, Remission and Repayment of Import Duties, Administrative Cooperation, Judicial Review of Commission Decisions
European Union Law Customs Law International Trade Free Movement of Goods Preferential Origin Customs Duties Remission and Repayment of Import Duties Administrative Cooperation +1 more

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Parties

Prenatal SA

Applicant

Tribunal Económico Administrativo Regional de Cataluña (TEARC)

Respondent

Commission européenne

Intervener

Gouvernement espagnol

Intervener

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment on Validity and Interpretation of EU Law

  1. 1 Validity of Commission Decision REM 03/07 under Article 220(2)(b) and Article 239 of the Community Customs Code
  2. 2 Interpretation of the requirements for error by customs authorities and 'special situation' for remission of duties
  3. 3 Binding nature of Commission decisions on national authorities in comparable cases

Ratio Decidendi

The Court held that the Commission did not err in law in Decision REM 03/07 by finding no error by the Jamaican customs authorities under Article 220(2)(b) of the Customs Code, as there was no evidence that those authorities knew or should have known of the irregularities, nor did they fail their control obligations. The Commission also did not err in finding no special situation under Article 239, as there was no deficient control by the Commission itself. The Commission's decision is valid and binding on national authorities in comparable cases.

Court Disposition

Decision REM 03/07 is valid; preliminary questions answered as set out in the judgment.

Orders

  • The request to reopen the oral procedure is rejected.
  • Decision REM 03/07 is not invalid under Article 220(2)(b) or Article 239 of the Customs Code.