# C_2005155EN.01003001.xml

| 25.6.2005 | EN | Official Journal of the European Union | C 155/30 |
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25.6.2005

EN

Official Journal of the European Union

C 155/30

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Action brought on 6 May 2005 by the Republic of Finland against the Commission of the European Communities

(Case T-177/05)

(2005/C 155/57)

Language of the case: Finnish

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 6 May 2005 by the Republic of Finland, represented by Tuula Pynnä, Agent, and Alice Guimaraes-Purokoski, Deputy Agent.

The applicant claims that the Court should:

| 1. | annul the Commission's decision contained in the letter of the Director-General of the Commission's Budget Directorate-General to Finland's Permanent Representative to the European Union dated 28 February 2005 and the letter of the Director-General of the Commission's Budget Directorate-General to Finland's Permanent Representative to the European Union dated 25 April 2005 confirming that decision, by which the Commission refused to enter into negotiations with Finland on the conditional payment demanded by the Commission from Finland, in the infringement proceedings 2003/2180 brought pursuant to Article 226 EC, of retroactive customs duties and interest for late payment accrued thereon up to the date of payment; |
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1.

annul the Commission's decision contained in the letter of the Director-General of the Commission's Budget Directorate-General to Finland's Permanent Representative to the European Union dated 28 February 2005 and the letter of the Director-General of the Commission's Budget Directorate-General to Finland's Permanent Representative to the European Union dated 25 April 2005 confirming that decision, by which the Commission refused to enter into negotiations with Finland on the conditional payment demanded by the Commission from Finland, in the infringement proceedings 2003/2180 brought pursuant to Article 226 EC, of retroactive customs duties and interest for late payment accrued thereon up to the date of payment;

| 2. | order the Commission to pay the costs. |
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2.

order the Commission to pay the costs.

Pleas in law and main arguments

The Director-General of the Commission's Budget Directorate-General Mr Romero sent Finland's Permanent Representative to the European Union a letter dated 28 February 2005. In the letter the Commission states that it refuses to enter into negotiations on the conditional payment demanded by the Commission from Finland on the basis of Regulation (EC, Euratom) No 1150/2000, (1) in the infringement proceedings 2003/2180 brought pursuant to Article 226 EC, of retroactive customs duties and interest for late payment accrued thereon up to the date of payment. The Commission confirmed that decision in the letter of the Director-General of the Commission's Budget Directorate-General to Finland's Permanent Representative to the European Union dated 25 April 2005.

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Finland considers that in making the contested decision the Commission infringed the EC Treaty or rules of law relating to its application within the meaning of the second paragraph of Article 230 EC

| — | by refusing, contrary to the principle of loyal cooperation under Article 10 EC and to the case-law of the Court of Justice concerning conditional payment, to enter into negotiations on the conditional payment demanded by the Commission from Finland on the basis of Regulation (EC, Euratom) No 1150/2000, in the infringement proceedings 2003/2180, of retroactive customs duties and interest for late payment accrued thereon up to the date of payment, and |
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by refusing, contrary to the principle of loyal cooperation under Article 10 EC and to the case-law of the Court of Justice concerning conditional payment, to enter into negotiations on the conditional payment demanded by the Commission from Finland on the basis of Regulation (EC, Euratom) No 1150/2000, in the infringement proceedings 2003/2180, of retroactive customs duties and interest for late payment accrued thereon up to the date of payment, and

| — | by not stating reasons for its refusal, contrary to Article 253 EC. |
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by not stating reasons for its refusal, contrary to Article 253 EC.

The refusal of negotiations has the result that Finland cannot pay conditionally the retroactive customs duties and interest for late payment demanded by the Commission from Finland on the basis of Regulation (EC, Euratom) No 1150/2000 in the infringement proceedings 2003/2180, at the same time ensuring that the points of law at issue in the infringement proceedings 2003/2180 are brought before the Court of Justice.

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(1)  Council Rgulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities' own resources, OJ L 130 of 31.5.2000, p. 1.

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