London Daily

Focus on the big picture.
Saturday, Jul 25, 2026

UK negligent in failure to stop customs fraud, says senior EU lawyer

UK negligent in failure to stop customs fraud, says senior EU lawyer

Non-binding opinion says UK allowed criminal gangs to flood Europe with cheap Chinese-made clothes
A senior EU lawyer has concluded that the British government was negligent in its failure to tackle customs fraud that allowed criminal gangs to flood European markets with cheap Chinese-made clothes and shoes.

The non-binding opinion from a European court of justice legal expert does not recommend any penalty, but bolsters the position of Brussels authorities who have demanded the UK pay €2bn (£1.71bn) in compensation to the EU budget.

In a 139-page legal opinion published on Thursday, advocate-general Priit Pikamäe largely found in favour of the European Commission; he concluded the UK had “failed to fulfil its obligations” under EU law to collect the correct amount of customs duties and VAT on imported Chinese goods. The Estonian legal expert also said British authorities had not shown “sincere cooperation”, a key tenet of EU law. In particular, he criticised the UK for withholding a legal opinion believed to be the justification for HMRC to cancel 24 demands for payment to suspicious importers.

“The measures adopted by the United Kingdom were manifestly ineffective, in view of the characteristics of the fraud at issue and the knowledge that the United Kingdom authorities were able to have during the infringement period,” Pikamäe wrote.

While the views of advocates-general do not bind ECJ judges, the court often follows their advice.

His opinion is likely to raise tensions between London and Brussels, amid a simmering dispute about renegotiating the Brexit Northern Ireland protocol. Under the Brexit withdrawal agreement, the UK remains subject to ECJ jurisdiction for any breaches of EU law during its membership. The alleged failures by HMRC date from 2011 to 2017.

The European Commission launched the legal action in 2018 after the bloc’s anti-fraud office (Olaf) accused British authorities of failing to combat customs fraud that had allowed criminal gangs to evade EU customs duties, by making fake claims about clothes and shoes imported from China. Olaf said British authorities had been repeatedly warned about fraud and recommended a €1.98bn fine.

According to fraud investigators, in 2016 more than 50% of all textiles and footwear imported into the UK from China were below “the lowest acceptable prices”, a calculation based on production costs.

The case emerged after a 2005 decision championed by then EU trade commissioner Peter Mandelson to abolish quotas on textiles and clothing from all World Trade Organization countries, including China. In following years, EU fraud officials became concerned that importers were using fake invoices that undervalued clothes and shoes made in China. Raising the alarm in 2014, the EU’s anti-fraud office launched Operation Snake to check import declarations. This included a method to calculate undervalued goods.

British customs officials declined to use the EU method, arguing it was counterproductive and disproportionate. In court, the UK defence team said customs officers had done everything required to combat fraud, arguing that EU law did not mandate any method to calculate undervalued goods. The government was supported by six member states: Belgium, Estonia, Greece, Latvia, Portugal and Slovakia.

The advocate-general rejected their arguments and recommended that the UK and six supporting countries pay their own costs. He also wants the UK to pay four-fifths of the European Commission’s legal bill.

Other member states, notably France, have accused the UK of failing to help tackle fraud. The case touches all EU member states, as 80% of customs duties collected at the EU’s external borders go to the common budget.

A HMRC spokesperson said it was considering the opinion, noting that the court may arrive at a different judgement. “The UK has always denied liability in the case. But even if the CJEU were to find the UK in breach of EU law, we consider that the Commission has greatly overstated the size and severity of the alleged fraud. We take customs fraud very seriously and continue to evolve our response as new threats emerge.”

The ECJ judgement is expected in early to mid 2022.
Newsletter

Related Articles

0:00
0:00
Close
Following OpenAI's Cyberattack: 'Most Companies Still Do Not Understand What Is Coming'
Autopsy Finds No Violence in Death of Epstein-Linked Model Scout
Indian Education Minister Resigns After Cockroach Youth Protests
California Desert Data-Centre Plan Stalls as Water and Power Disputes Mount
War, Youth Revolt and the Global Struggle for Control
War, Power and the Rising Price of Political Decisions
High Street Sales Suffer Sharpest Summer Decline in Five Years
Wales Approves Higher Taxes on Second Homes and Long-Term Empty Properties
Environment Agency Imposes Record £150 Million Penalty on Water Companies
UK Competition Watchdog Blocks U.S. Takeover of Cambridge Chip Designer
Scotland Unveils Land Reform Bill to Expand Renewable Energy Projects
Northern Ireland Secures £500 Million Technology Investment for Belfast Cybersecurity Hub
NHS Rolls Out AI Triage System Across Major Hospitals in England
UK Strengthens North Sea Naval Cooperation With European Allies
UK Chancellor Commits £7 Billion to Accelerate Manchester-Leeds Rail Link
Bank of England Signals Interest Rate Cuts After Inflation Falls Below Target
Badenoch Rejects Grant Shapps' Bid to Return as Conservative Candidate
BAE Chief Warns Britain Has Underestimated the Risk of War
Burnham Rules Out New Scottish Independence Referendum in First Talks With Swinney
UK Government Strengthens Northern Economic Agenda Through Manchester Headquarters and Regional Partnerships
United Kingdom Opens New Furness Peninsula Coastal Route Under King Charles the Third England Coast Path
England Reduces Business Costs for Hospitality Sector Through New Relief Package
United Kingdom Allocates Seven Point Three Million Pounds for Zero-Emission Aviation Research
United Kingdom Begins Restoration Works on Portishead Railway Line After Six Decades Without Passenger Services
United States Tariff Measures Create New Trade Challenges for United Kingdom and European Union Businesses
Prime Minister Andy Burnham Meets Scottish and Welsh Leaders to Promote Regional Growth Cooperation
United Kingdom Government Announces Twenty Percent Business Rates Cut for Pubs, Clubs, and Music Venues
Prime Minister Andy Burnham Opens Manchester Government Headquarters to Shift Decision-Making Away From Westminster
United Kingdom Defence Ministry Says Armed Forces Ready After Iran Accuses London Over US Military Strikes
United Kingdom Inflation Falls to Two Point Six Percent as Prime Minister Andy Burnham Gains Economic Breathing Room
OpenAI Sued After ChatGPT Allegedly Discouraged Emergency Care Before Near-Fatal Embolism
Viral Video Raises Questions Over Twelve-Dollar Croissants at Manhattan Bakery
UK Balances Security Commitments With Economic Growth Priorities
Retail and Hospitality Sectors Navigate Consumer Caution and Tax Changes
Key Trends to Watch
British Land Appoints Joanne McNamara as New Chief Executive Officer
UK Government Names New Life Peers Including Former Military and Civil Service Leaders
Institute of Directors Urges Government Action on Employment Costs and Skills Shortages
IMF Raises UK 2026 Growth Forecast to One Percent
UK Retail Sales Growth Slows Sharply as Households Cut Discretionary Spending
UK Ten-Year Bond Yields Remain Above Five Percent as Government Faces Higher Debt Costs
UK Government Plans Earlier End to Low-Value Import Duty Exemption for Online Retail Parcels
Reform UK Leads Tight Westminster Voting Poll as Conservatives and Labour Remain Close
Royal Navy Carrier Strike Group Completes First Arctic and North Atlantic Mission Phase
Andy Burnham Government Cuts Business Rates for Pubs and Music Venues by Twenty Percent
UK Inflation Falls to Two Point Six Percent in June as Food and Fuel Prices Ease
Andy Burnham Becomes UK Prime Minister Facing Growth Challenges and Fiscal Pressure
UK Government Reviews Long-Term Balance Between Cost Relief, Industry Support, and Public Investment Priorities
BBC Could Receive Permanent Royal Charter Under Government Proposal
Northern Ireland Proposes End to Severe Weather Exemptions for Electricity Compensation Rules
×