Summary
- The ECJ will clarify if AEO status automatically grants the right to perform customs operations at non-customs office locations.
- The court will also determine if customs authorities can revoke authorizations when the underlying public interest changes.
- The outcome will significantly affect the practical benefits and stability of AEO status for businesses in the EU.
Article
In Case T-299/26 (CAD Sernav), the Italian Council of State has referred questions concerning the interpretation of Article 24(4) of Commission Delegated Regulation (EU) 2015/2446 and Article 28(1)(a) of the Union Customs Code (Regulation (EU) No. 952/2013). The dispute focuses on whether holders of Authorized Economic Operator (AEO) status have an automatic entitlement to conduct customs operations at places other than customs offices or whether customs authorities retain discretion to refuse or revoke such authorizations based on overriding public-interest considerations. The referring court also seeks clarification on whether a favourable customs decision may be revoked when the public interest that originally justified the decision no longer exists. In particular, the ECJ is asked to assess the compatibility of Italian administrative law provisions permitting public-interest-based revocation of administrative authorizations. The judgment will be closely monitored by customs practitioners because it may determine whether AEO status provides enforceable operational rights or merely facilitates access to authorizations that remain subject to customs authority discretion.
Source
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