Nestor Nestor Diculescu Kingston Petersen (NNDKP) has secured a final favorable decision for an important manufacturer of components for automotive safety systems, in a customs dispute. The final decision issued by the Timișoara Court of Appeal confirms the company’s right to recover the customs duties paid based on incorrect customs declarations, marking a significant benchmark in the legal field.
The decision shows that customs duties can be reimbursed even if the goods are not physically available at the time of the claim, if there is conclusive evidence establishing with certainty the classification of the goods under the relevant customs tariff heading. The court’s solution brings important clarifications in the practice related to customs disputes and strengthens the legal framework supporting the taxpayers’ right to recover unduly paid customs duties.
This win reconfirms NNDKP’s expertise in customs law and demonstrates the firm’s capacity to achieve favorable outcomes for its clients, even in complex cases.
The NNDKP team representing the client in this dispute included Partner Eva Forika, Head of NNDKP Timișoara, Sorin Mociofan, Tax Director NNDKP Tax Advisory Services Timișoara, and Senior Associate Ion Loga, Dispute Resolution practice Timișoara.