Judgment_paragraph 26 · Nordspedizionieri di Danielis Livio & C. Snc, Livio Danielis and Domenico D’Alessandro v Commission of the European Communities (C-62/05 P)

26On the basis of Article 36(3) of Regulation No 222/77, the appellants deny the existence of a customs debt, since all the conditions for that debt to have been incurred are not present, in particular that resulting from the case-law and linked to the notification of the principal (Case C-233/98 Lensing & Brockhausen [1999] ECR I-7349, paragraph 31, and Case C-300/03 Honeywell Aerospace [2005] ECR I-689, paragraph 26). It is for this Court to raise of its own motion the absence of that precondition for the recovery of the customs debt since the Court of First Instance did not do so itself of its own motion.