A wrong EORI number, and the direct customs representative is held liable for the import VAT

Why the mistake is hard to correct - and what practitioners can do

Michael Lux
Michael Lux
Attorney at Michael Lux BV, former Head of Unit ‘Customs Legislation’ and ‘Customs Procedures’, EU Commission, Michael Lux BV, Belgium
Published 13 Aug 2026
A wrong EORI number, and the direct customs representative is held liable for the import VAT
Aobe Stock

Editorial note. A direct customs representative inserts a wrong EORI number which does not belong to his client (the importer) and ends up being considered as customs representative without empowerment, thus personally liable for import VAT he cannot deduct. The Munich Fiscal Court says the mistake cannot be corrected, and the case is now before the Federal Fiscal Court. Michael Lux, who acted for the customs representative, explains why, in his view, the decision should not stand - and what practitioners can do in the meantime. We start the article with an editorial brief for a quick read, and then give the author's full analysis for those who want to go deeper into the topic.

Related content

Customs law: retrospective change of the customs declarant

Customs law: retrospective change of the customs declarant

Talke Ovie
Talke Ovie
29 Sep 2020

It has now been established by the supreme judicial authority, that it is possible to amend the customs declaration subsequently, even with regard to the information relating to the identity…

Customs law
Case law
Retrospective amendment of the customs declarant

Retrospective amendment of the customs declarant

Talke Ovie
Talke Ovie
29 May 2021

It often happens that customs declarations are incorrectly filled out. Such errors are not necessarily intentional and are often nothing more than carelessness. The question in such cases is whether…

Procedures
Case law
Correction of errors in customs declarations - importance and challenges in the EU

Correction of errors in customs declarations - importance and challenges in the EU

Enrika Naujokė
Enrika Naujokė
03 Mar 2024

The saying "Only those who don't work make no mistakes" aptly states that it is human to make mistakes and there is no way to change that - the mistakes…

Procedures
Topic spotlight
Can a direct customs representative amend what he has declared, if he erroneously indicated the wrong person instead of the actual importer who empowered him?

Can a direct customs representative amend what he has declared, if he erroneously indicated the wrong person instead of the actual importer who empowered him?

Michael Lux
Michael Lux
21 Apr 2024

Human beings are prone to making mistakes. Mistakes in customs declarations are no exception. Customs law allows them to be corrected. But it is not that simple. Does it apply…

Procedures
Explainer
EU Customs Reform: Who is the ‘importer’ and what are their responsibilities?

EU Customs Reform: Who is the ‘importer’ and what are their responsibilities?

Michael Lux
Michael Lux
21 Apr 2024

Continuing a series of articles on the main legal aspects of the proposed EU customs reform, the author focuses on a key player in the import process: the importer. The…

Customs law
Explainer
Update on two pillars of the EU customs reform: the EU Customs Data Hub and the redefinition of the ‘importer’

Update on two pillars of the EU customs reform: the EU Customs Data Hub and the redefinition of the ‘importer’

Michael Lux
Michael Lux
24 Jun 2025

Under the Polish Presidency, which expires at the end of June, the Council was able to draw up a complete compromise text on the Commission's proposal of a new Union…

Customs law
Digitalisation
Topic spotlight