54It is clear from its wording that application of Article 13 of Regulation No 1430/79 is dependent on the concurrent fulfilment of two conditions — the existence of a special situation and the absence of obvious negligence or deception — so that remission of duties must be refused if either of those conditions is not met (see Oryzomyli Kavallas, cited above). In the contested decision, the Commission considered that the request was not justified on the ground that the reimposition of customs duties had been published in the Official Journal, which may be relied on as against any person liable, all persons being deemed to be aware of the provisions published therein. The Commission thus took the view, essentially, that the applicant had not demonstrated the absence of obvious negligence on its part, within the meaning of Article 13.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.