London Daily

Focus on the big picture.
Saturday, Aug 01, 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
Finland Deploys Commercial-Scale Thermal Batteries Using Crushed Rock to Store Renewable Grid Energy
Valued at $109 Million: F-35B Fighter Jet Crashes in Southern California
Andy Burnham has Announces Plans to Redistribute Income Tax Revenue to English Mayors
Early-Release Scheme Faces Fresh Scrutiny as Reoffending and Prison Recalls Rise
Police Phone Checks Followed Report on Murder of MI5 Agent Inside Sinn Féin
Archbishop of Canterbury Reaffirms £100 Million Reparative Justice Fund During Ghana Visit
Charities Allege French Police Used Tear Gas Against Channel Migrants
Norwegian Teenager Convicted Over Iran-Linked Murder Plot in Britain
Christian Organisations File Charity Complaints Against Amnesty International UK
Ofgem Tightens Grid Connection Rules for New Data Centres
FTSE 100 Reaches Record High Despite Global Technology Sell-Off
Millions of UK Households Urged to Check Eligibility for Winter Energy Discount
Labour Restores Parliamentary Whips to Diane Abbott and Joani Reid
UK Supreme Court to Hear Challenge Over Palestine Action Ban
UK Commits More Than £8.4 Billion to Dreadnought Nuclear Submarine Programme
England Declares Severe Drought as Wildfire Burns Near Sizewell Nuclear Site
Bank of England Holds Interest Rates at 3.75% as Middle East Tensions Fuel Inflation Risks
Drought Status Extended Across All of Wales as Heat and Dry Weather Deepen Environmental Strain
Record-Low Danube Exposes Probable Mammoth Remains in Bulgaria
UK Business Confidence Climbs to Four-Month High
Greater Manchester Gains Expanded Powers Under Regional Funding Reforms
UK Supreme Court to Hear Appeal Over Palestine Action Terror Ban
Shell's Quarterly Profit Doubles to Nearly $10 Billion on Higher Energy Prices
UK Government Removes VAT From Household Electricity Bills
Exceptional Drought Grips Half of England as Wildfire Threatens Sizewell
Bank of England Holds Interest Rates at 3.75% as Inflation Risks Persist
US Says It Has Carried Out Heavy Strikes on Iran After Attempted Attacks on Its Forces
The chief executive of the popular gaming company laid off many employees and his pay rose to 38 million dollars
UK Employment Holds Steady as Wage Growth Remains Moderate
England to Introduce Artificial Intelligence into Secondary School Curriculum
Wales Launches £1.2 Billion Industrial Regeneration Programme
High Court Upholds UK Digital Surveillance Framework
Northern Ireland Reaches Budget Agreement on Infrastructure and Public Sector Pay
Home Office Expands Digital Border Checks Nationwide
UK Approves Major North Sea Wind and Carbon Capture Project
The World's Most Terrifying Smartphone: Recording, Documenting, and Reporting to the Regime
Scotland Approves Major Renewable Energy Expansion
UK and United States Sign AI and Semiconductor Cooperation Pact
UK Treasury Tightens Fiscal Controls After Gilt Market Volatility
Bank of England Holds Interest Rates at 4.5%
UK Unveils £10 Billion NHS Funding Overhaul and Workforce Reform
The AI User Nightmare: Private Claude Conversations Leaked to the Internet
UK: Former Football Association Leaders Call for World Cup Boycott Over FIFA Privatization Plan
Forbidden Love: China severs millions from their virtual partners
Over 24 Hours in the Air: Qantas Airbus Completes Record-Breaking Test Flight
Prince Harry Faces Significant Legal Costs After Insurance Shortfall
FirstGroup Sells Rail Software Business to Tracsis for £48 Million
Victoria and Albert Museum Staff Vote for Strike Action
Norwegian Teenager Convicted Over Contract Killing Plot in Britain
Royal Mail Raises Bulk Mailing Prices by 30%
×