# C_2010051EN.01000302.xml

| 27.2.2010 | EN | Official Journal of the European Union | C 51/3 |
| --- | --- | --- | --- |

27.2.2010

EN

Official Journal of the European Union

C 51/3

---

Judgment of the Court (Grand Chamber) of 15 December 2009 — European Commission v Federal Republic of Germany

(Case C-372/05) (1)

1

(Failure of a Member State to fulfil obligations - Duty-free imports of military equipment)

2010/C 51/04

Language of the case: German

Parties

Parties

Applicant: European Commission (represented by: C. Cattabriga, G. Wilms, D. Triantafyllou and H. Støvlbæk, Agents)

Applicant:

Defendant: Federal Republic of Germany (represented by: M. Lumma, Agent, C. von Donat, Rechtsanwalt)

Defendant:

Interveners in support of the defendant: Kingdom of Denmark (represented by: J. Bering Liisberg, Agent), Hellenic Republic (represented by: E.-M. Mamouna, A. Samoni-Rantou and K. Boskovits, Agents), Republic of Finland (represented by: E. Bygglin and A. Guimaraes-Purokoski, Agents)

Interveners in support of the defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 2, 9, 10 and 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 (OJ 1989 L 155, p. 1) and, for the period after 31 May 2000, 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) — Duty-free imports of military equipment

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by refusing to calculate, declare and make available to the European Commission the own resources relating to imports of military material during the period from 1 January 1998 to 31 December 2002 and by refusing to pay default interest payable due to the failure to make those own resources available to the European Commission, the Federal Republic of Germany has failed to fulfil its obligations under Article 2 and Articles 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 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; |
| --- | --- |

1.

Declares that, by refusing to calculate, declare and make available to the European Commission the own resources relating to imports of military material during the period from 1 January 1998 to 31 December 2002 and by refusing to pay default interest payable due to the failure to make those own resources available to the European Commission, the Federal Republic of Germany has failed to fulfil its obligations under Article 2 and Articles 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 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. | Orders the Federal Republic of Germany to pay the costs; |
| --- | --- |

2.

Orders the Federal Republic of Germany to pay the costs;

| 3. | Orders the Kingdom of Denmark, the Hellenic Republic and the Republic of Finland to bear their own costs. |
| --- | --- |

3.

Orders the Kingdom of Denmark, the Hellenic Republic and the Republic of Finland to bear their own costs.

---

(1)  OJ C 296, 26.11.2005.

1

---