Judgment_paragraph 47 · Unifrigo Gadus Srl and CPL Imperial 2 SpA v Commission of the European Communities (T-10/97, T-11/97)

47Thus, where, as in the present case, the importing undertaking had no cause to suspect that the exporting undertaking had forged the certificates of origin, no post-clearance recovery can take place {Deutsche Fernsprecher, cited above, paragraph 17, and Hewlett Packard France, cited above, paragraph 28; see also the judgment of the Court of Justice in Case C-446/93 SEIM v Subdirector-Geral das Alfândegas [1996] ECR I-73, paragraphs 40 to 48).

Unifrigo Gadus Srl and CPL Imperial 2 SpA v Commission of the European Communities (T-10/97, T-11/97)

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