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Document C2006/294/04

    Case C-378/03: Judgment of the Court (First Chamber) of 5 October 2006 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Communities' own resources — Payment in instalments by the debtor — Recovery)

    IO C 294, 2.12.2006, p. 3–3 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    2.12.2006   

    EN

    Official Journal of the European Union

    C 294/3


    Judgment of the Court (First Chamber) of 5 October 2006 — Commission of the European Communities v Kingdom of Belgium

    (Case C-378/03) (1)

    (Failure of a Member State to fulfil obligations - Communities' own resources - Payment in instalments by the debtor - Recovery)

    (2006/C 294/04)

    Language of the case: French

    Parties

    Applicant: Commission of the European Communities (represented by: G. Wilms and C. Giolito, Agents)

    Defendant: Kingdom of Belgium (represented by: E. Dominkovits and A. Goldman, Agents and B. van de Walle de Ghelcke, avocat,)

    Re:

    Failure of a Member State to fulfil obligations — Articles 6, 10 and 11 of Council Regulation (EC, Eurotom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Eurotom on the system of the Communities' own resources (OJ 2000 L 130, p. 1) — Late payment of the own resources where the debtor pays in stages — Import duties

    Operative part of the judgment

    The Court:

    1)

    Declares that, because of the late payment of own resources in the case of receipt of payments in instalments from a debtor, the Kingdom of Belgium has failed to fulfil its obligations under Articles 10 and 11 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Decision 94/728/EC, Euratom on the system of the Communities' own resources, which, with effect from 31 May 2000, repealed and replaced Council Regulation (EEC, Euratom) No 1552/89 of 29 May 1989 implementing Decision 88/376/EEC, Euratom on the system of the Communities' own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, which was identical in subject-matter;

    2)

    Dismisses the remainder of the application;

    3)

    Orders the Kingdom of Belgium to pay the costs.


    (1)  OJ C 264, 01.11.2003.


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