Legislator Case Law & Legislation
III RN 102/97 AI generated

Supreme Court dismissed extraordinary review, upholding customs duty on samples not rendered valueless by authorities.

Case Number III RN 102/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review against a customs decision imposing duties on imported medical samples. The company argued the items were duty-free promotional samples under the Geneva Convention, but the General Customs Office refused because the samples retained their commercial value and were not rendered valueless. The court held that while the Convention allows customs to require samples be made valueless, this power must be exercised restrictively to align with administrative procedure principles and the Customs Act.

Legislator headnote

AI generated

Art. II § 2 Geneva Convention of 1952; Art. 14 § 1 pkt 16 Customs Act; Art. 7, 77 KPA: Customs authorities may require samples to be rendered valueless to obtain duty exemption, but this power must be exercised restrictively to ensure factual accuracy and protect trade interests.

Keywords

AI generated
customs duty exemption promotional samples Geneva Convention 1952 rendering valueless extraordinary review administrative procedure restrictive interpretation

Cited Legislation

AI generated
Art. II § 2 of the Geneva Convention for Facilitating the Import of Samples of Goods and Advertising Material signed in Geneva on November 7, 1952
Art. 7 and Art. 77 of the Administrative Procedure Code
Art. 14 § 1 point 16 of the Customs Act of December 28, 1989
Art. 3 of the Customs Act of December 28, 1989
Art. 4 § 1 of the Customs Act of December 28, 1989
Art. 393 § 12 of the Code of Civil Procedure
art. 91 ust. 1 Konstytucji

Cited Case Law

AI generated
Decision of the Chief Administrative Court - Regional Office in Łódź of May 8, 1997

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