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Document C2006/294/03

    Case C-377/03: 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 — Undischarged TIR carnets — Failure or delay in paying the corresponding own resources)

    ĠU C 294, 2.12.2006, p. 2–3 (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 294/2


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

    (Case C-377/03) (1)

    (Failure of a Member State to fulfil obligations - Communities' own resources - Undischarged TIR carnets - Failure or delay in paying the corresponding own resources)

    (2006/C 294/03)

    Language of the case: French

    Parties

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

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

    Re:

    Failure of a Member State to fulfil obligations — Articles 6, 9, 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 (OJ 2000 L 130, p. 1) — Default or delay in the payment of the own resources to the Commission — Failure to comply with accounting rules — Irregular release of certain transit documents (TIR carnets) by the Belgian customs authority

    Operative part of the judgment

    The Court:

    1.

    Declares that by failing to enter in the accounts, or by making a late entry in the accounts of, the own resources arising from the TIR carnets which had not been discharged properly, by placing them in the B accounts instead of entering them in the A accounts, with the result that the relevant own resources were not made available to the Commission of the European Communities within the time-limits,

    by refusing to pay default interest on the amounts owing to the Commission of the European Communities,

    the Kingdom of Belgium has failed to fulfil its obligations under Articles 6, 9, 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 had identical subject-matter;

    2.

    Dismisses the remainder of the action;

    3.

    Orders the Kingdom of Belgium to pay the costs.


    (1)  OJ C 264, 01.11.2003.


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