Legislator Case Law & Legislation
III RN 135/00 AI generated

Customs user liable for duty debt upon unauthorized removal of goods under customs procedure regardless of fault.

Case Number III RN 135/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court overturned a lower court decision that required proof of fault for liability. The court held that a user of a customs warehouse is liable for customs debts arising from the unauthorized removal of goods under the suspended procedure. The court ruled that the Customs Code establishes a strict liability regime based on risk, not fault, for such users.

Legislator headnote

AI generated

Art. 211 § 1, 3; Art. 109 of the Customs Code: A user of a customs warehouse is liable for customs debts arising from the unauthorized removal of goods under the suspended procedure, regardless of fault, based on a strict liability regime.

Keywords

AI generated
customs warehouse procedure strict liability regime unauthorized goods removal customs debt liability risk principle liability suspended customs procedure fault requirement absence

Cited Legislation

AI generated
Art. 211 § 1 of the Customs Code
Art. 211 § 3 of the Customs Code
Art. 109 of the Customs Code
Art. 393 § 11 of the Code of Civil Procedure
Art. 393 § 13 of the Code of Civil Procedure

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text