(AGENPARL) – mer 11 maggio 2022 http://www.curia.europa.eu
Press and Information
General Court of the European Union
PRESS RELEASE No
Luxembourg,
Judgment in Case
Czech Republic v Commission
http://www.curia.europa.eu
The Court holds, first of all, that the Czech Republic cannot establish that its claims are well
founded, in an
action
based on the Commission’s unjust enrichment, by merely refuting the
that company. In the present case,
, which had agreed to communicate to the Cz
Republic the evidence collected during its investigative mission at the beginning of 2008,
communicated its report
, to which such evidence was attached,
In those circumstances, the
Czech Republic cannot be criticised for not being in possession o
f the evidence necessary for
establishing the anti
dumping duty payable by BAIDE on the 28 cases of importation at issue as of
In accordance with Article
20(2) of
Council Regulation (EC) No
515/9
7 of 13
http://www.curia.europa.eu
guarantee the effective and
full collection of the European Union’s own resources constituted by
Republic itself had on the basis of the information communicated by OLAF
having regard to
BAIDE’s imports
from Laos.
Lastly, the Court takes the view that
the cessation by BAIDE of its activity
ior to the filing of
OLAF’s report,
which enabled the customs duties payable by BAIDE
actually
to be established,
could constitute a reason which was not imputable to the Czech Republic
which could
lawfully release that Member State from its obligation t
o put the sum at issue at the
European Union’s disposal.
However, since that Member State was required to lodge a security
with regard to the sums to be recovered in respect of the anti
dumping duties payable by BAIDE as
March
2006, the Court
holds t
hat there was unjust enrichment
of the
European Union
up to the amount of the sum at issue corresponding to the anti
dumping duties payable by
NOTE:
An appeal, limited to
points of law only, may be brought before the Court of Justice against the
decision of the General Court within two months and ten days of notification of the decision.
NOTE:
An action for annulment seeks the annulment of acts of the institutions of the
European Union that
are contrary to European Union law. The Member States, the European institutions and individuals may,
under certain conditions, bring an action for annulment before the Court of Justice or the General Court. If
the action is well founde
d, the act is annulled. The institution concerned must fill any legal vacuum created
by the annulment of the act.
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full text
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nce with Article 17(2)(b) of Regulation No 1150/2000.