This document is an excerpt from the EUR-Lex website
Document 62014TO0678
Slovakia v Commission
Slovakia v Commission
Order of the General Court (Third Chamber) of 14 September 2015 —
Slovakia v Commission
(Case T‑678/14)
‛Action for annulment — Own resources of the European Union — Financial responsibility of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Letter from the Commission — Act not open to challenge — Inadmissibility’
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1. |
Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Commission letter informally calling on Member State to place traditional own resources at the disposal of the EU budget — Not included — Letter not producing binding legal effects — Application inadmissible (Art. 263 TFEU; Council Regulation No 1150/2000; Council Decision 2007/436) (see paras 24-26, 35-48, 53, 57, 60) |
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2. |
Own resources of the European Union — Establishment and making available by the Member States — Responsibility of the Member States — Scope (Council Regulation No 1150/2000, Arts 2(1), 9(1), and 17(1) and (2); Council Decision 2007/436, Arts 2(1)(a), and 8(1)) (see paras 28-34) |
Re:
ACTION for the annulment of the alleged decision of the Directorate-General for Budget of the Commission, contained in letter BUDG/B/03MV D (2014) 2351197 of 15 July 2014, by which the Commission formally demanded the Slovak Republic to make funds available to the Commission for the gross amount of EUR 1 602 457.33 (of which 25% should be deducted to cover expense incurred in collection) corresponding to a loss of traditional own resources, at the latest by the first working day following the 19th day of the second month after the letter was sent.
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Holds that there is no need to rule on the applications for leave to intervene of the Federal Republic of Germany and Romania; |
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3. |
Orders the Slovak Republic to bear its own costs and to pay those incurred by the European Commission; |
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4. |
Orders the Slovak Republic, the Commission, the Federal Republic of Germany and Romania each to bear their own costs relating to the applications for leave to intervene. |
Keywords
Subject of the case
Operative part
Keywords
Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Commission letter informally calling on Member State to place traditional own resources at the disposal of the EU budget — Not included — Letter not producing binding legal effects — Application inadmissible (Art. 263 TFEU; Council Regulation No 1150/2000; Council Decision 2007/436) (see paras 24-26, 35-48, 53, 57, 60)
2. Own resources of the European Union — Establishment and making available by the Member States — Responsibility of the Member States — Scope (Council Regulation No 1150/2000, Arts 2(1), 9(1), and 17(1) and (2); Council Decision 2007/436, Arts 2(1)(a), and 8(1)) (see paras 28-34)
Subject of the case
Re:
ACTION for the annulment of the alleged decision of the Directorate-General for Budget of the Commission, contained in letter BUDG/B/03MV D (2014) 2351197 of 15 July 2014, by which the Commission formally demanded the Slovak Republic to make funds available to the Commission for the gross amount of EUR 1 602 457.33 (of which 25% should be deducted to cover expense incurred in collection) corresponding to a loss of traditional own resources, at the latest by the first working day following the 19th day of the second month after the letter was sent.
Operative part
Operative part
The Court:
1. Dismisses the action;
2. Holds that there is no need to rule on the applications for leave to intervene of the Federal Republic of Germany and Romania;
3. Orders the Slovak Republic to bear its own costs and to pay those incurred by the European Commission;
4. Orders the Slovak Republic, the Commission, the Federal Republic of Germany and Romania each to bear their own costs relating to the applications for leave to intervene.