Rottendorf Pharma (Judgment) French Text [2021] EUECJ C-92/20 (03 February 2021)

Rottendorf Pharma (Judgment) French Text [2021] EUECJ C-92/20 (03 February 2021)

Article 239(1), second indent, of Regulation (EEC) No 2913/92 must be interpreted as meaning that an economic operator cannot claim reimbursement of import duties paid unless it is in a special situation and there is no manifest negligence or deception. The mere fact that goods were re-exported outside the EU...

Source-derived case information.

Citation
[2021] EUECJ C-92/20
Parties
Applicant: Rottendorf Pharma GmbH; Respondent: Hauptzollamt Bielefeld
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment
Outcome
Reference answered; reimbursement not allowed under the circumstances described.
Legal Topics
Remission and Repayment of Customs Duties, Interpretation of Article 239(1) of Customs Code, Error in Customs Procedure, Retroactive Customs Authorisation
European Union Law Customs Law Remission and Repayment of Customs Duties Interpretation of Article 239(1) of Customs Code Error in Customs Procedure Retroactive Customs Authorisation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Rottendorf Pharma GmbH

Applicant

Hauptzollamt Bielefeld

Respondent

Procedural Posture

Preliminary Reference / Judgment

  1. 1 Whether Article 239(1), second indent, of Regulation (EEC) No 2913/92 allows for reimbursement of customs duties in cases where non-Community goods are re-exported outside the EU and the customs debt arose without manifest negligence by the operator.

Ratio Decidendi

Article 239(1), second indent, of Regulation (EEC) No 2913/92 must be interpreted as meaning that an economic operator cannot claim reimbursement of import duties paid unless it is in a special situation and there is no manifest negligence or deception. The mere fact that goods were re-exported outside the EU without entering the EU economic circuit does not establish a special situation. Errors due to incorrect IT records, which could have been avoided by following the authorisation, also do not establish a special situation.

Court Disposition

Reference answered; reimbursement not allowed under the circumstances described.

Orders

  • Article 239(1), second indent, of Regulation (EEC) No 2913/92 does not allow reimbursement of import duties in the absence of a special situation and where the error could have been avoided by following the authorisation.