C-233/87
ECLI:EU:C:1988:543
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OPINION OF MR LENZ —CASE 233/87
customs authorities of the importing State framework of the mutual assistance between provide it upon returning the control copies. national administrative authorities provided The exporting State which so pays those for by Article 5 of Regulation No 1468/81, amounts on behalf of the importing State is, whether or not such corrections are entered however, solely responsible for that payment in the control copies. with regard to the Community authorities (judgment of 15 October 1985 in Case A national court hearing a dispute between 125/84 Continental Irish Meat Ltd v an exporter and the customs authorities of Minister for Agriculture [1985] ECR 3441). the exporting State concerning the Whilst the customs authorities of the repayment of monetary compensatory exporting Member State, in order to satisfy amounts on importation is not bound by the obligation imposed upon them by Article corrections to weights communicated by the 8(1) of Regulation No 729/70, are to customs authorities of the importing State to require the repayment of monetary the authorities of the exporting State in so compensatory amounts unduly paid, they far as it retains the power to appraise, in are bound by corrections to weights application of national rules of procedure, communicated to them by the customs auth the evidential value of the information orities of the importing State in the transmitted.
OPINION OF THE ADVOCATE GENERAL
Mr Advocate General Lenz delivered his Opinion on 14 December 1988. * He concluded that the Court should rule as follows:
When a monetary compensatory amount is granted by the Federal Republic of Germany for a compensatory amount which should be granted in the United Kingdom, the German authorities are bound by the findings of the British customs in respect of the weight of the goods on arrival, both as regards the original findings entered on the control copy and by corrections thereto. However, these findings may be reviewed by the courts in accordance with national rules of procedure.
* Original language: German.