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Comments on ECJ Customs C-206/24: Ex Officio Repayment of Unduly Levied Customs Duties by Member States

  • The ECJ delivered a judgment on 1 August 2025 in Case C-206/24 regarding the repayment of unlawfully levied customs duties.
  • The case involved whether customs authorities must repay duties on their own initiative without an application from the economic operator.
  • The case originated from a request by the French Cour de cassation involving YX and Logistíca i Gestió Caves Andorranes i Vidal SA against French authorities.
  • Between 1988 and 1991, importers paid duties in France for goods destined for Andorra, which was later deemed incompatible with EU law.
  • The French courts initially ruled that only importers could seek repayment, not customs agents.
  • The tribunal de grande instance de Toulouse dismissed the claim, and the cour d’appel de Toulouse upheld this decision.
  • The claimants argued that repayment should occur if authorities determine duties were unduly levied within three years.
  • The Cour de cassation asked the ECJ if national authorities must repay duties without a request from the concerned party.
  • The ECJ judgment is significant for customs practices and the recovery of import duties.

Source: ploum.nl

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Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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