This document is an excerpt from the EUR-Lex website
Document C2006/294/01
Case C-105/02: Judgment of the Court (First Chamber) of 5 October 2006 — Commission of the European Communities v Republic of Germany (Failure of a Member State to fulfil obligations — Communities' own resources — Undischarged TIR carnets — Failure to forward the corresponding own resources)
Case C-105/02: Judgment of the Court (First Chamber) of 5 October 2006 — Commission of the European Communities v Republic of Germany (Failure of a Member State to fulfil obligations — Communities' own resources — Undischarged TIR carnets — Failure to forward the corresponding own resources)
Case C-105/02: Judgment of the Court (First Chamber) of 5 October 2006 — Commission of the European Communities v Republic of Germany (Failure of a Member State to fulfil obligations — Communities' own resources — Undischarged TIR carnets — Failure to forward the corresponding own resources)
JO C 294, 2.12.2006, p. 1–1
(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 294/1 |
Judgment of the Court (First Chamber) of 5 October 2006 — Commission of the European Communities v Republic of Germany
(Case C-105/02) (1)
(Failure of a Member State to fulfil obligations - Communities' own resources - Undischarged TIR carnets - Failure to forward the corresponding own resources)
(2006/C 294/01)
Language of the case: German
Parties
Applicant: Commission of the European Communities (represented by: G. Wilms and C. Giolito, Agents)
Defendant: Republic of Germany (represented by: W.-D. Plessing and R. Stüwe, Agents, D. Sellner, Lawyer)
Intervener in support of the defendant: Kingdom of Belgium (represented by: M. Wimmer and A. Snoecx, acting as Agents, assisted by B. van de Walle de Ghelcke, avocat)
Re:
Failure by a State to comply with its obligations — Council Regulation (EEC, Euratom) No 1552/89 implementing Decision 88/376/EEC, Euratom on the system of the Communities' own resources — Failure to recover custom duties guaranteed by certain TIR carnets and to transfer the corresponding own resources — Import duties for which ‘no security has been provided’ or which ‘have been contested’ — Carnets in respect of which the reinsurer has disputed his obligations.
Operative part of the judgment
1. |
Declares that:
the Federal Republic of Germany has failed to fulfil its obligations under 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, replaced, with effect from 31 May 2000, by 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; |
2. |
Dismisses the remainder of the action; |
3. |
Orders the Federal Republic of Germany to pay the costs; |
4. |
Orders the Kingdom of Belgium to bear its own costs. |