Kingdom of Spain v European Commission
62014TJ0548 JUDGMENT OF THE GENERAL COURT (Fifth Chamber) 15 December 2016 ( *1 ) ‛Customs union — Imports of tuna products originating in Ecuador — Post-clearance recovery of import duties — Request for waiver of recovery of import duties — Article 220(2)(b) and Article 236 of Regulation (EEC) No 2913/92 — Notice to importers published in the Official Journal — Good faith — Application for the remission of import duties — Article 239 of Regulation (EEC) No 2913/92’ In Case T‑548/14, Kingdom of Spain , represented initially by A. Rubio González, and subsequently by V. Ester Casas, abogado del Estado, applicant, v European Commission , represented by P. Arenas, A. Caeiros and B.-R. Killmann, acting as Agents, defendant, APPLICATION based on Article 263 TFEU and seeking annulment of Article 2 of Decision C(2014) 3007 final of the Commission of 15 May 2014 finding that the remission of import duties is justified for a certain amount and that remission of import duties is not justified for another amount in a particular case (REM 03/2013). THE GENERAL COURT (Fifth Chamber), composed, at the time of deliberation, of A. Dittrich, President, J. Schwarcz (Rapporteur) and V. Tomljenović, Judges, Registrar: J. Palacio González, Administrator, having regard to the written part of the procedure and further to the hearing on 6 April 2016, gives the following Judgment Background to the dispute 1 Between 30 June 2009 and 24 September 2010, ACTEMSA SA (‘the person liable’), an undertaking es...