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Document C2006/010/31

    Case C-409/05: Action brought on 21 November 2005 by the Commission of the European Communities against the Hellenic Republic

    OB C 10, 14.1.2006, p. 16–16 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    14.1.2006   

    EN

    Official Journal of the European Union

    C 10/16

    Action brought on 21 November 2005 by the Commission of the European Communities against the Hellenic Republic

    (Case C-409/05)

    (2006/C 10/31)

    Language of the case: Greek

    An action against the Hellenic Republic was brought before the Court of Justice of the European Communities on 21 November 2005 by the Commission of the European Communities, represented by D. Triandafilou. Legal adviser, and G. Wilms, of its Legal Service, with an address for service in Luxembourg.

    The applicant claims that the Court should:

    —

    Declare that, by refusing to account for and to pay own resources evaded owing to the customs-free importation of war material and by refusing to pay interest on late payment arising out of the non-payment thereof to the Commission, the Hellenic Republic has failed to fulfil its obligations under Articles 2, 9, 10 and 11 of Council Regulation (EC) No 1552/1989 of 17 May 1989 (1) until 31 May 2000 and, thereafter, under Regulation No 1150/2000 (2)

    —

    Order the Hellenic Republic to pay the costs.

    Pleas in law and main arguments

    —

    The defendant has not demonstrated that the payment of duties at low (or nil) rates would substantially harm the defence of the country within the meaning of Article 296.

    —

    Military secrecy does not afford exemption from the obligation as a matter of principle of calculating and paying the relevant duties.

    —

    The defendant cannot invoke the principle of protection of legitimate expectations on the basis of the delay in initiating proceedings.

    —

    Non-fulfilment of financial obligations to the Community imposes an undue burden on the other Member States.

    (1)  OJ 1989 L 155, p. 1

    (2)  OJ 2000 L 130, p. 1

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