18.5.2013

Official Journal of the European Union

C 141/11

Action brought on 4 February 2013 — European Commission v United Kingdom of Great Britain and Northern Ireland

(Case C-60/13)

2013/C 141/19

Language of the case: English

Parties

Applicant: European Commission (represented by: A. Caeiros, L. Flynn, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claims that the Court should:

—

declare that, by refusing to make available the sum of £ 20 061 462,11 in relation to duties on imports of fresh garlic covered by erroneous binding tariff information, the United Kingdom of Great Britain and Northern Ireland has failed to fulfill its obligations under Article 4(3) of the Treaty on European Union, Article 8 of Decision 2000/597/EC (1) and Articles 2, 6, 9, 10 and 11 of Regulation (EC) No 1150/2000 (2).;

—	order United Kingdom of Great Britain and Northern Ireland to pay the costs.

Pleas in law and main arguments

By its application, the Commission claims that the United Kingdom authorities caused a loss of traditional own resources by issuing Binding Tariff Information documents without due care which allowed imports of fresh Chinese garlic outside quota. The Commission considers that, where there has been an administrative error and consequently own resources were unduly not established, the EU must be credited with the equivalent of the amount of own resources lost. Accordingly, the United Kingdom authorities should have made available to the Commission the total amount of customs duties involved, which is estimated at £ 20 061 462,11, as well as the interest due on late payments under Article 11 of Regulation No 1150/2000.

(1) 2000/597/EC, Euratom: Council Decision of 29 September 2000 on the system of the European Communities' own resources

OJ L 253, p. 42

(2) 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 L 130, p. 1