Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40|% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings|0401|to 0404, not containing cocoa or containing less than 5|% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included

Heuschen & Schrouff Oriëntal Foods Trading BV v Commission of the European Communities.

62007CJ0038_EN Parties Grounds Operative part Parties In Case C‑38/07 P, APPEAL under Article 56 of the Statute of the Court of Justice, brought on 29 January 2007, Heuschen & Schrouff Oriëntal Foods Trading BV, represented by H. de Bie, advocaat, appellant, the other party to the proceedings being: Commission of the European Communities, represented by X. Lewis, acting as Agent, assisted by F. Tuytschaever, advocaat, with an address for service in Luxembourg, defendant at first instance, THE COURT (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, J.‑C. Bonichot, J. Makarczyk, P. Kūris, and C. Toader (Rapporteur), Judges, Advocate General: V. Trstenjak, Registrar: C. Strömholm, Administrator, having regard to the written procedure and further to the hearing on 22 May 2008, after hearing the Opinion of the Advocate General at the sitting on 4 September 2008, gives the following Judgment Grounds 1. By its appeal, Heuschen & Schrouff Oriëntal Foods Trading BV (‘H & S’) seeks to have set aside the judgment of the Court of First Instance of the European Communities of 30 November 2006 in Case T-382/04 Heuschen & Schrouff Oriëntal Foods v Commission (‘the judgment under appeal’), which dismissed its action for annulment of Commission Decision REM 19/2002 of 17 June 2004 finding that remission of import duties was not justified in a particular case (‘the contested decision’). Legal context Legislation relating to the tariff classification of ...