July 21, 2020
Sanctions for customs infringements in Germany

Photo by Tetiana SHYSHKINA on Unsplash

Germany provides for criminal as well as non-criminal sanctions for customs infringements. The question whether a customs infringement is to be prosecuted as a criminal or an administrative offense depends solely on the nature of the breach and whether it was committed intentionally or recklessly/ negligently. The amount of the duties evaded is irrelevant in this context (and only taken into account in the context of the assessment of the penalty). Without intent or negligence, no sanctions can be imposed.

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Perspective
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EU sanctions system and the new Customs Code
27-10-2024

The topic of sanctions is of particular importance in EU Customs Law, as sanctions are relevant tools for ensuring the proper enforcement of the latter in EU Member States. In this regard, the Proposal of 17 May 2023 for a Regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No 952/2013, highlights the negative effects of the lack of harmonization in terms of customs sanctions. It is emphasized therein that customs penalties vary greatly across Member States and are subject to evolution over time; in addition, the significant divergences between Member States in the application of sanctions against breaches of customs legislation can lead to a distortion of competition, loopholes and “customs shopping”.

Prof Fabrizio Vismara

violations
Perspective
icon
EU sanctions system and the new Customs Code
27-10-2024

The topic of sanctions is of particular importance in EU Customs Law, as sanctions are relevant tools for ensuring the proper enforcement of the latter in EU Member States. In this regard, the Proposal of 17 May 2023 for a Regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No 952/2013, highlights the negative effects of the lack of harmonization in terms of customs sanctions. It is emphasized therein that customs penalties vary greatly across Member States and are subject to evolution over time; in addition, the significant divergences between Member States in the application of sanctions against breaches of customs legislation can lead to a distortion of competition, loopholes and “customs shopping”.

Prof Fabrizio Vismara

violations
Case law
icon
Is payment of customs duties suspended if a dispute is brought before a court?
19-05-2024

Did you know that customs duties are one of the European Union's own resources? Therefore, when you challenge customs decisions to calculate customs duties, you are essentially challenging EU revenue. In this overview of a recent judgement by the Court of Justice of the European Union, we answer the question of whether, in the event of a dispute with customs, the collection of import duties (customs duties and VAT) is suspended until the outcome of the proceedings is known.

Dr Aistė Medelienė

duties, taxes, violations
Case law
icon
Is payment of customs duties suspended if a dispute is brought before a court?
19-05-2024

Did you know that customs duties are one of the European Union's own resources? Therefore, when you challenge customs decisions to calculate customs duties, you are essentially challenging EU revenue. In this overview of a recent judgement by the Court of Justice of the European Union, we answer the question of whether, in the event of a dispute with customs, the collection of import duties (customs duties and VAT) is suspended until the outcome of the proceedings is known.

Dr Aistė Medelienė

duties, taxes, violations
Case law
icon
Two lessons from case law on the origin of goods
20-03-2024

Editors' note: The recent 20th Authors' Meeting dealt with issues of origin for customs purposes. At this meeting, the author presented two Israeli court cases - one concerning an unauthorised person signing the certificate of preferential origin and the other concerning whether pistachios originated in Iran or Turkey (non-preferential origin for the application of prohibitions). The cases are not necessarily new, but they deal with relevant questions: What happens if the proof of preferential origin is signed by an unauthorised person? Can the authorisation be granted retrospectively? Is the 'statistical and reasonableness check' sufficient for customs to reject the declared non-preferential origin of the goods?

Omer Wagner

violations, origin
Case law
icon
Two lessons from case law on the origin of goods
20-03-2024

Editors' note: The recent 20th Authors' Meeting dealt with issues of origin for customs purposes. At this meeting, the author presented two Israeli court cases - one concerning an unauthorised person signing the certificate of preferential origin and the other concerning whether pistachios originated in Iran or Turkey (non-preferential origin for the application of prohibitions). The cases are not necessarily new, but they deal with relevant questions: What happens if the proof of preferential origin is signed by an unauthorised person? Can the authorisation be granted retrospectively? Is the 'statistical and reasonableness check' sufficient for customs to reject the declared non-preferential origin of the goods?

Omer Wagner

violations, origin
Case law
icon
Fraudsters in the supply chain: Who pays taxes as a result of fraudulently completed formalities?
01-10-2023

Presumption of guilt - you'll say it doesn't work that way. Unfortunately, in tax law, the taxpayer is presumed to be guilty of breaching the tax law unless he proves otherwise. The only question is whether, even if proven not guilty, the taxpayer will not have to pay the tax. In a recent judgment, the Court of Justice of the European Union (CJEU) clarified whether the owner of an excise warehouse (whose guilt has not been proven) will have to pay the suspended taxes (in this case almost €3 million) in a case where the evidence of the completion of the formalities has been falsified and where the goods have been transported to an unknown destination. The clarifications are important not only for the owners of excise warehouses, but also for all users of suspended tax regimes - transit, customs warehousing, temporary admission for processing and others - in order to better understand, assess and manage the risks involved. The CJEU has also clarified when goods are considered "lost" and no tax is due.

Ingrida Kemežienė

duties, taxes, violations
Case law
icon
Fraudsters in the supply chain: Who pays taxes as a result of fraudulently completed formalities?
01-10-2023

Presumption of guilt - you'll say it doesn't work that way. Unfortunately, in tax law, the taxpayer is presumed to be guilty of breaching the tax law unless he proves otherwise. The only question is whether, even if proven not guilty, the taxpayer will not have to pay the tax. In a recent judgment, the Court of Justice of the European Union (CJEU) clarified whether the owner of an excise warehouse (whose guilt has not been proven) will have to pay the suspended taxes (in this case almost €3 million) in a case where the evidence of the completion of the formalities has been falsified and where the goods have been transported to an unknown destination. The clarifications are important not only for the owners of excise warehouses, but also for all users of suspended tax regimes - transit, customs warehousing, temporary admission for processing and others - in order to better understand, assess and manage the risks involved. The CJEU has also clarified when goods are considered "lost" and no tax is due.

Ingrida Kemežienė

duties, taxes, violations
Case law
icon
The Zes Zollner Electronic case: exploring the scope of amending customs declarations
25-06-2023

In a recent ruling, the Court of Justice (the Court) delivered its decision in the case of Zes Zollner Electronic, addressing the issue of amending customs declarations and the consequences of failing to declare the correct quantity of goods. The case involved a Romanian company, Zes Zollner Electronic (ZZE), which declared only half of the actual quantity of goods received, resulting in a customs infringement.

Jonas Sakalauskas

violations, import
Case law
icon
The Zes Zollner Electronic case: exploring the scope of amending customs declarations
25-06-2023

In a recent ruling, the Court of Justice (the Court) delivered its decision in the case of Zes Zollner Electronic, addressing the issue of amending customs declarations and the consequences of failing to declare the correct quantity of goods. The case involved a Romanian company, Zes Zollner Electronic (ZZE), which declared only half of the actual quantity of goods received, resulting in a customs infringement.

Jonas Sakalauskas

violations, import
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