47For an importer to be able validly to claim a legitimate expectation pursuant to Article 220(2)(b) of the Customs Code and thus to benefit from the waiver of post-clearance recovery provided for by that provision, three cumulative conditions must be met. It is necessary, first, that the irregular issuing of the EUR.1 certificates must have been due to an error on the part of the competent authorities themselves, second, that that error must have been such that it could not reasonably have been detected by the person liable for payment acting in good faith, and, finally, that that person must have complied with all the provisions laid down by the legislation in force (see, inter alia, Faroe Seafood and Others, paragraph 83; Case C-499/03 P Biegi Nahrungsmittel and Commonfood v Commission [2005] ECR I-1751, paragraph 46; and Case C-173/06 Agrover [2007] ECR I-8783, paragraph 30).
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