Europa If the Commission, to which a Member State has submitted a request for a decision that the repayment of import duties pursuant to Article 13 of Regulation No 1430/79 is justified, asks the Member State concerned to withdraw its request and to re-submit it at a later date in order to prevent its failure to take a decision within the four-month period laid down in the second paragraph of Article 5 of Regulation No 1575/80 from having the effect that, by virtue of Article 7 of that regulation, as amended by Regulation No 945/83, the application has to be granted by the national authorities, this constitutes a misuse of procedure . Consequently, the Commission’ s decision, which was not adopted within the four-month period which started to run from the date of the initial request, must be declared void because it was adopted on the basis of a procedure which was vitiated in its entirety.
Citations:
C-148/87, [1988] EUECJ C-148/87
Links:
European
Updated: 23 May 2022; Ref: scu.134621