CELEX: 62010CJ0023
Failure of a Member State to fulfil obligations
Placing fresh bananas in free circulation
Weight declared not corresponding to actual weight
Obligation of customs authorities to check the weight declared
Community Customs Code
Regulation (EEC) No 2913/92
Article 68 et seq.
Regulation (EEC) No 2454/93
Article 290a
Annex 38b
System of own resources
Loss of revenue
Regulation (EEC, Euratom) No 1552/89
Regulation (EC, Euratom) No 1150/2000
Articles 2, 6, 9, 10 and 11

Failure of a Member State to fulfil obligations – Infringement of Article 68 et seq. of Council Regulation (EEC) No 2913/92
of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1), of Article 290a of Commission Regulation
(EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing
the Community Customs Code (OJ 1993 L 253, p. 1) and of Annex 38b thereto, and infringement of Articles 2, 6, 9, 10 and 11
of Council Regulations (EEC, Euratom) No 1552/89 of 29 May 1989 implementing Decision 88/376/EEC, Euratom on the system of
the Communities’ own resources (OJ 1989 L 155, p. 1) and 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) – Placing bananas
in free circulation – Weight declared not corresponding to actual weight – Own resources – Loss of revenue.
Operative part
The Court:
1.
Declares that, by systematically accepting, during the years 1998 to 2002, customs declarations of release for free circulation
of fresh bananas by its customs authorities, when the latter knew or ought reasonably to have known that the declared weight
of the bananas did not correspond to their actual weight and because of the Portuguese authorities’ refusal to make available
own resources corresponding to the loss of revenue and interest due for late payment, the Portuguese Republic has failed to
fulfil its obligations under Articles 13, 68 and 71 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing
the Community Customs Code, read in conjunction with Article 290a of Commission Regulation (EEC) No 2454/93 of 2 July 1993
laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code,
as amended by Commission Regulation (EC) No 89/97 of 20 January 1997, and under Articles 2, 6, and 9 to 11 of  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,
as amended by Council Regulation (Euratom, EC) No 1355/96 of 8 July 1996, and under the same articles 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;
2.
Dismisses the remainder of the action;
3.
Orders the European Commission and the Portuguese Republic to bear their own costs.