France-aviation v Commission of the European Communities (T-346/94)

Judgment of 9 Nov 1995

law://eu/cjeu/1994/t-346-94/para_32@2026-11-13

32It should further be recalled that in the judgment in Technische Universität München, cited above, on the grant of exemption from customs duty in respect of the import of a scientific instrument, the Court of Justice held that, since an administrative procedure entailing complex technical evaluations was involved, the Commission had a power of appraisal, while stressing that, as corollary of that power of appraisal, respect for the rights guaranteed by the Community legal order in administrative procedures was of fundamental importance and that those guarantees included, in particular, the right of the person concerned to make his views known (paragraphs 13 and 14). Since the relevant Community legislation did not provide any opportunity for the importer to explain his position to the Commission, even though information from him about the characteristics of the scientific instrument imported and its intended use could be very useful, the Court held that the right to be heard in such a procedure required that the person concerned should be able, during the actual procedure before the Commission, to put his own case and properly make his views known on the relevant circumstances and, where necessary, on the documents taken into account by the Community institution (paragraphs 23, 24 and 25).

France-aviation v Commission of the European Communities (T-346/94)

Key facts

History · 1 version

Connections