The Court of Justice has given a judgment in the case A.

Article 201(3) of Regulation No 2913/92, as amended by Regulation No 2700/2000, must be interpreted as meaning that the concept of a ‘debtor' of the customs debt, within the meaning of that article, covers the natural person who has been closely and knowingly involved in the design and artificial construction of a structure of commercial transactions, such as that at issue in the case in the main proceedings, which had the effect of reducing the amount of the import duties legally owed, although that natural person has not himself communicated the false information which had served as the basis for drawing up the customs declaration, where it appears from the facts that that person had or ought reasonably to have known that the transactions concerned by that structure had been carried out not in the ordinary course of trade, but solely for the purpose of improperly benefiting from the advantages provided for by Union law. In that regard it is irrelevant that the person concerned designed and artificially constructed that structure only after he had obtained the guarantee of its lawfulness from customs experts.



Informatiesoort: Nieuws

Rubriek: Europees belastingrecht, Douane

H&I: Previews


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