Source: All England Reporter
Publisher Citation: [2001] All ER (D) 20 (Jan)
Court: Court of Justice of the European Communities (Fifth Chamber)
Judge:

Judges La Pergola (President of the Chamber), Wathelet, Edward, Jann (Rapporteur) and Sevón
Judgment Dates: 11 January 2001

Catchwords

European Community - Free movement of goods - Customs duties - Suspension of recovery of a customs debt - Appeal to judicial authority - Whether power to suspend conferred exclusively on customs authorities - Council Regulation (EEC) 2913/92, arts 243, 244, 245.

The Case

Article 244 of Council Regulation (EEC) 2913-92, establishing the Community Customs Code, was to be interpreted as meaning that it conferred the power to suspend implementation of a contested decision exclusively on the customs authorities. However, that provision did not limit the power of the judicial authorities seised of a dispute pursuant to art 243 of that Regulation to order such a suspension in order to comply with their obligation to ensure the full effectiveness of Community law.

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