Adv. Omer Wagner, Adv. Gill Nadel
Recently, a decision was given by the Magistrate's Court of Tel Aviv, in which the court rejected a customs agent's objections to pay container storage fees.
The facts of the case and the claims of the parties:
Na'aman Bonded Warehouse filed a monetary action to the Office of Execution against a customs’ agent,for not paying container storage fees. The customs’ agent filed his objection to court, claiming that it was not he who was liable to pay the storage fees, but rather the importer. The customs’ agent claimed that he acted as a go-between, between the importer and the warehouse and that as long as there was no payment from the importer, no claim on the debt could be made against the customs agent, particularly since it was clarified and agreed on with the bonded warehouse that if the importer did not pay, the debt could not be collected from the agent.
The bonded warehouse claimed that prior to the proceedings, the customs’ agent had paid previous invoices and due to this he could not argue against his duty to pay.
The Court's Decision:
The court noted that there may be cases in which the customs’ agent only acts as a go-between, between the importer and the bonded warehouse and that this in turn has implications on his obligations, but it all depends on the circumstances.
In this case, the court ruled that the quote was sent to the customs agent and was returned and signed by him, and later on the customs’ agent even paid the first invoices. According to the court, these all disprove the customs’ agent's claim that he acted only as a middleman.
The court rejected the customs agent's claim that it was agreed between him and the bonded warehouse that in the absence of payment from the importer, he would not be obliged to pay for the use of the warehouses.
Eventually, the court rejected the customs agent's objections and approved the continuation of the suit for execution, and obliged the customs’ agent to pay the expenses of the petition at a sum of 3,000 NIS + VAT.
1843-08-10 Avi-ad Logistical Services Ltd. v. Na'aman Bonded Warehouses Ltd, decision given 5.10.10.
Advocates: for the customs agent- Advs. Sharon Magen and Shmarit Levi, for Na'aman warehouses- Adv. Gilad Meushar.
עדכוני מכס ורגולציה
