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Document 62000CJ0363
Judgment of the Court (Fifth Chamber) of 12 June 2003. # Commission of the European Communities v Italian Republic. # Failure of a Member State to fulfil obligations - Communities' own resources - Error in crediting the account opened in the name of the Commission - Default interest. # Case C-363/00.
Judgment of the Court (Fifth Chamber) of 12 June 2003.
Commission of the European Communities v Italian Republic.
Failure of a Member State to fulfil obligations - Communities' own resources - Error in crediting the account opened in the name of the Commission - Default interest.
Case C-363/00.
Judgment of the Court (Fifth Chamber) of 12 June 2003.
Commission of the European Communities v Italian Republic.
Failure of a Member State to fulfil obligations - Communities' own resources - Error in crediting the account opened in the name of the Commission - Default interest.
Case C-363/00.
European Court Reports 2003 I-05767
ECLI identifier: ECLI:EU:C:2003:335
«(Failure of a Member State to fulfil obligations – Communities' own resources – Error in crediting the account opened in the name of the Commission – Default interest)»
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(Art. 226 EC)
(Council Regulation No 1150/2000, Art. 11)
JUDGMENT OF THE COURT (Fifth Chamber)
12 June 2003 (1)
((Failure of a Member State to fulfil obligations – Communities' own resources – Error in crediting the account opened in the name of the Commission – Default interest))
In Case C-363/00, Commission of the European Communities, represented by E. Traversa and G. Wilms, acting as Agents, with an address for service in Luxembourg,applicant,
v
Italian Republic, represented by U. Leanza, acting as Agent, G. De Bellis, avvocato dello Stato, with an address for service in Luxembourg,defendant,
APPLICATION for a declaration that, by failing to make available to the Commission the sum of ITL 1 484 936 000 000 by way of own resources within the period laid down by Articles 9 and 10 of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities' own resources (OJ 2000 L 130, p. 1), and refusing to pay default interest owed on that amount pursuant to Article 11 of the same regulation, the Italian Republic has failed to fulfil its obligations under Articles 9, 10 and 11 of Regulation No 1150/2000 which, from 31 May 2000, repealed and replaced Council Regulation (EEC, Euratom) No 1552/89 of 29 May 1989 implementing Decision 88/376/EEC, Euratom on the system of the Communities' own resources (OJ 1989 L 155, p. 1), identical in aim,THE COURT (Fifth Chamber),,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 9 July 2002,
gives the following
On those grounds,
THE COURT (Fifth Chamber),
hereby:
Wathelet |
Timmermans |
Jann |
von Bahr |
Rosas |
|
R. Grass |
M. Wathelet |
Registrar |
President of the Fifth Chamber |