Customs union – Customs declarations – Subsequent verification
(Council Regulation No 2913/92, Art. 66, as amended by Council Regulation No 1791/2006)
The provisions of European Union law in customs matters must be interpreted as meaning that a declarant cannot request a court to annul a customs declaration made by it when that declaration has been accepted by the customs authorities. By contrast, under the conditions laid down in Article 66 of Regulation No 2913/92 establishing the Community Customs Code, as amended by Regulation No 1791/2006, that declarant may request those authorities to invalidate that declaration, even after they have released the goods. Their assessment concluded, the customs authorities must, subject to the possibility of a court action, either reject the declarant’s application by reasoned decision or proceed with the invalidation requested.
(see para. 48, operative part)