Judgment_paragraph 40 · Nordspedizionieri di Danielis Livio & C. Snc, Livio Danielis and Domenico D’Alessandro v Commission of the European Communities (C-62/05 P)

40The Commission contends that it is clear from the wording of the bilateral agreement, and in particular from the final indent of Article 4 thereof, that extra vigilance in respect of sensitive goods can be observed only at the request of the Italian authorities and that no obligation to inform can be inferred from this. That agreement does not provide for any general obligation for the Slovenian authorities to inform the Italian authorities of the nature of loads. The Commission is accordingly of the view that the appellants could not rely on their legitimate expectations, since those qualify for protection only if it was the competent authorities themselves which created the basis for the expectations of the persons liable, which could not be the case where the authorities were misled by incorrect declarations made by the persons liable (Joined Cases T-186/97, T-187/97, T-190/97 to T-192/97, T-210/97, T-211/97, T-216/97 to T-218/97, T-279/97, T-280/97, T-293/97 and T-147/99 Kaufring and Others [2001] ECR II-1337).