Judgment_paragraph 20 · Belgian State v Société coopérative Belovo (C-187/91)

20In the light of the foregoing, the answer to the national court's question must be that Articles 24 and 25 of Commission Regulation (EEC) No 3719/88 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products do not preclude the holder of import licences from bringing an action for damages against the issuing agency, in accordance with national law, where it is agreed that those licences should not have been issued, in the course of which regard is had inter alia to the trader's legitimate expectations in respect of those licences. An action for post-clearance recovery of part of the import levies, such as that at issue in the main proceedings, falls within the scope of Article 5 of Council Regulation (EEC) No 1697/79 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. It is for the national court to determine whether all the conditions prescribed for the application of Article 5(2) are fulfilled.

Belgian State v Société coopérative Belovo (C-187/91)

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