# C_2014315EN.01000302.xml

| 15.9.2014 | EN | Official Journal of the European Union | C 315/3 |
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15.9.2014

EN

Official Journal of the European Union

C 315/3

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Judgment of the Court (Fifth Chamber) of 17 July 2014 — European Commission v Portuguese Republic

(Case C-335/12) (1)

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((Failure of a Member State to fulfil obligations - Own resources - Post-clearance recovery of import duties - Financial liability of the Member States - Surplus stocks of non-exported sugar))

2014/C 315/04

Language of the case: Portuguese

Parties

Parties

Applicant: European Commission (represented by: A. Caeiros, Agent)

Applicant:

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, J. Gomes and P. Rocha, and by A. Cunha, Agents)

Defendant:

Operative part of the judgment

Operative part of the judgment

The Court rules and declares that:

| 1. | By failing to make available to the European Commission an amount of EUR 7 85  078,50 corresponding to levies on surplus stocks of non-exported sugar following the accession of Portugal to the European Community, the Portuguese Republic has failed to fulfil its obligations under Article 10 EC, Article 254 of the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties, Article 7 of Council Decision 85/257/EEC, Euratom of 7 May 1985 on the Communities’ system of own resources, Articles 4, 7 and 8 of Commission Regulation (EEC) No 579/86 of 28 February 1986 laying down detailed rules relating to stocks of products in the sugar sector in Spain and Portugal on 1 March 1986, as amended by Commission Regulation (EEC) No 3332/86 of 31 October 1986, and Articles 2, 11 and 17 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 |
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1.

By failing to make available to the European Commission an amount of EUR 7 85  078,50 corresponding to levies on surplus stocks of non-exported sugar following the accession of Portugal to the European Community, the Portuguese Republic has failed to fulfil its obligations under Article 10 EC, Article 254 of the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties, Article 7 of Council Decision 85/257/EEC, Euratom of 7 May 1985 on the Communities’ system of own resources, Articles 4, 7 and 8 of Commission Regulation (EEC) No 579/86 of 28 February 1986 laying down detailed rules relating to stocks of products in the sugar sector in Spain and Portugal on 1 March 1986, as amended by Commission Regulation (EEC) No 3332/86 of 31 October 1986, and Articles 2, 11 and 17 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

| 2. | The action is dismissed as to the remainder. |
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2.

The action is dismissed as to the remainder.

| 3. | The Portuguese Republic shall pay the costs. |
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3.

The Portuguese Republic shall pay the costs.

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(1)  OJ C 303, 6.10.2012.

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