Foto-Frost v Hauptzollamt Lübeck-Ost.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Joliet
• ECLI: ECLI:EU:C:1987:452
• Date: 22 October 1987
• Docket Number: 314/85
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

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61985J0314

Judgment of the Court of 22 October 1987. - Foto-Frost v Hauptzollamt Lübeck-Ost. - Reference for a preliminary ruling: Finanzgericht Hamburg - Germany. - Lack of jurisdiction of national courts to declare acts of Community institutions invalid - Validity of a decision on the post-clearance recovery of import duties. - Case 314/85.

European Court reports 1987 Page 04199
Swedish special edition Page 00233
Finnish special edition Page 00235

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

++++ 1 . PRELIMINARY QUESTIONS - APPRAISAL OF VALIDITY - DECLARATION OF INVALIDITY - LACK OF JURISDICTION OF NATIONAL COURTS ( EEC TREATY, ARTS 173, 177 AND 184 ) 2 . OWN RESOURCES OF THE EUROPEAN COMMUNITIES - POST-CLEARANCE RECOVERY OF IMPORT OR EXPORT DUTIES - IMPORTER FULFILLING THE REQUIREMENTS SET OUT IN ARTICLE 5*(2 ) OF REGULATION NO 1697/79 - POST-CLEARANCE RECOVERY - PRECLUDED ( COUNCIL REGULATION NO 1697/79, ART . 5*(2 )*)

Summary

1 . NATIONAL COURTS AGAINST WHOSE DECISIONS THERE IS A JUDICIAL REMEDY UNDER NATIONAL LAW MAY CONSIDER THE VALIDITY OF A COMMUNITY ACT AND, IF THEY CONSIDER THAT THE GROUNDS PUT FORWARD BEFORE THEM BY THE PARTIES IN SUPPORT OF INVALIDITY ARE UNFOUNDED, THEY MAY REJECT THEM, CONCLUDING THAT THE MEASURE IS COMPLETELY VALID . IN CONTRAST, NATIONAL COURTS, WHETHER OR NOT A JUDICIAL REMEDY EXISTS AGAINST THEIR DECISIONS UNDER NATIONAL LAW, THEMSELVES HAVE NO JURISDICTION TO DECLARE THAT ACTS OF COMMUNITY INSTITUTIONS ARE INVALID . THAT CONCLUSION IS DICTATED, IN THE FIRST PLACE, BY THE REQUIREMENT FOR COMMUNITY LAW TO BE APPLIED UNIFORMLY . DIVERGENCES BETWEEN COURTS IN THE MEMBER STATES AS TO THE VALIDITY OF COMMUNITY ACTS WOULD BE LIABLE TO PLACE IN JEOPARDY THE VERY UNITY OF THE COMMUNITY LEGAL ORDER AND DETRACT FROM THE FUNDAMENTAL REQUIREMENT OF LEGAL CERTAINTY . SECONDLY, IT IS DICTATED BY THE NECESSARY COHERENCE OF THE SYSTEM OF JUDICIAL PROTECTION ESTABLISHED BY THE TREATY . IN ARTICLES 173 AND 184, ON THE ONE HAND, AND IN ARTICLE 177, ON THE OTHER, THE TREATY ESTABLISHED A COMPLETE SYSTEM OF LEGAL REMEDIES AND PROCEDURES DESIGNED TO PERMIT THE COURT OF JUSTICE TO REVIEW THE LEGALITY OF MEASURES ADOPTED BY THE INSTITUTIONS . SINCE ARTICLE 173 GIVES THE COURT EXCLUSIVE JURISDICTION TO DECLARE VOID AN ACT OF A COMMUNITY INSTITUTION, THE COHERENCE OF THE SYSTEM REQUIRES THAT WHERE THE VALIDITY OF AN ACT IS CHALLENGED BEFORE A NATIONAL COURT THE POWER TO DECLARE THE ACT INVALID MUST ALSO BE RESERVED FOR THE COURT OF JUSTICE . THAT DIVISION OF JURISDICTION MAY HAVE TO BE QUALIFIED IN CERTAIN CIRCUMSTANCES WHERE THE VALIDITY OF A COMMUNITY ACT IS CONTESTED BEFORE A NATIONAL COURT IN PROCEEDINGS RELATING TO AN APPLICATION FOR INTERIM MEASURES . 2 . ARTICLE 5*(2 ) OF COUNCIL REGULATION NO 1697/79 ON THE POST-CLEARANCE RECOVERY OF IMPORT OR EXPORT DUTIES, WHICH LAYS DOWN THREE SPECIFIC REQUIREMENTS WHICH MUST BE FULFILLED BEFORE THE COMPETENT AUTHORITIES MAY WAIVE THE POST-CLEARANCE RECOVERY OF DUTIES, MUST BE INTERPRETED AS MEANING THAT IF ALL THOSE REQUIREMENTS ARE FULFILLED THE PERSON LIABLE IS ENTITLED TO THE WAIVER OF THE RECOVERY OF THE DUTY IN QUESTION .

Parties

IN CASE 314/85 REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE FINANZGERICHT ( FINANCE COURT ) HAMBURG FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN FIRMA FOTO-FROST, AMMERSBEK, AND HAUPTZOLLAMT LUEBECK-OST, ON THE INTERPRETATION OF ARTICLE 177 OF THE EEC TREATY, ARTICLE 5*(2 ) OF COUNCIL REGULATION NO 1697/79 ( EEC ) OF 24 JULY 1979 ON THE POST-CLEARANCE RECOVERY OF IMPORT DUTIES OR EXPORT DUTIES WHICH HAVE NOT BEEN REQUIRED OF THE PERSON LIABLE FOR PAYMENT ON GOODS ENTERED FOR A CUSTOMS PROCEDURE INVOLVING THE OBLIGATION TO PAY SUCH DUTIES ( OFFICIAL JOURNAL 1979, L*197, P.*1 ), ON THE INTERPRETATION OF THE PROTOCOL OF 25 MARCH 1957 ON GERMAN INTERNAL TRADE AND CONNECTED PROBLEMS, AND ON THE VALIDITY OF A COMMISSION DECISION ADDRESSED ON 6 MAY 1983 TO THE FEDERAL REPUBLIC OF GERMANY FINDING THAT THE POST-CLEARANCE RECOVERY OF IMPORT DUTIES MUST BE EFFECTED IN A PARTICULAR CASE, THE COURT COMPOSED OF : LORD MACKENZIE STUART, PRESIDENT, G . BOSCO, J . C . MOITINHO DE ALMEIDA AND G . C . RODRIGUEZ IGLESIAS ( PRESIDENTS OF CHAMBERS ), T . KOOPMANS, U . EVERLING, K . BAHLMANN, Y . GALMOT, R . JOLIET, T . F . O' HIGGINS AND F . SCHOCKWEILER, JUDGES, ADVOCATE GENERAL : G.F . MANCINI REGISTRAR : J . A . POMPE, DEPUTY REGISTRAR AFTER CONSIDERING THE OBSERVATIONS SUBMITTED ON BEHALF OF FOTO-FROST, THE PLAINTIFF IN THE MAIN PROCEEDINGS, BY H . HEEMANN, RECHTSANWALT, HAMBURG, ASSISTED BY H . FROST, EXPERT, THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY, BY M . SEIDEL, ACTING AS AGENT, THE COMMISSION OF THE EUROPEAN COMMUNITIES, BY J . SACK, A MEMBER OF ITS LEGAL DEPARTMENT, ACTING AS AGENT, HAVING REGARD TO THE REPORT FOR THE HEARING AS SUPPLEMENTED FURTHER TO THE HEARING ON 16 DECEMBER 1986, AFTER HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 19 MAY 1987, GIVES THE FOLLOWING JUDGMENT

Grounds

1 BY AN ORDER OF 29 AUGUST 1985, WHICH WAS RECEIVED AT THE COURT ON 18 OCTOBER 1985, THE FINANZGERICHT ( FINANCE COURT ) HAMBURG REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY SEVERAL QUESTIONS CONCERNING THE INTERPRETATION OF ARTICLE 177 OF THE EEC TREATY, ARTICLE 5*(2 ) OF COUNCIL REGULATION NO 1697/79 ON 24 JULY 1979 ON THE POST-CLEARANCE RECOVERY OF IMPORT DUTIES OR EXPORT DUTIES ( OFFICIAL JOURNAL 1979, L*197, P.*1 ) AND THE PROTOCOL OF 25 MARCH 1957 ON GERMAN INTERNAL TRADE AND CONNECTED PROBLEMS, AND THE VALIDITY OF A COMMISSION DECISION ADDRESSED ON 6 MAY 1983 TO THE FEDERAL REPUBLIC OF GERMANY FINDING THAT THE POST-CLEARANCE RECOVERY OF IMPORT DUTIES...