Questione giuridica chiave
Whether the customs debt enforced by definitive opposition release was time-barred.
Decisione estratta
The debt was not time-barred. The court held that the DPA does not govern limitation of collection of an established customs claim; the old Customs Act contained a gap, filled by analogy with the ten-year period of Art. 137(2) CO, which had been interrupted by the customs administration's written collection measures.
Motivazione estratta
Art. 12(4) DPA concerns only the limitation of the duty to be assessed, not the later collection of that duty. The old Customs Act did not provide an applicable limitation rule for unlawfully evaded customs claims, so the court applied the civil law ten-year period by analogy and found interrupting acts before expiry.