# C_2005132EN.01000201.xml

| 28.5.2005 | EN | Official Journal of the European Union | C 132/2 |
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28.5.2005

EN

Official Journal of the European Union

C 132/2

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 14 April 2005

in Case C-104/02: Commission of the European Communities v Federal Republic of Germany (1)

1

(Failure of a Member State to fulfil its obligations - Regulations (EEC) Nos 2913/92 and 2454/93 - External Community transit procedure - Customs authorities - Procedures for collecting import duties - Time-limits - Non-compliance - Community own resources - Making available - Time-limit - Non-compliance - Default interest - Member State concerned - Default on payment)

(2005/C 132/02)

Language of the case: German

In Case C-104/02, Commission of the European Communities (Agent: G. Wilms) v Federal Republic of Germany (Agents: W. D. Plessing and R. Stüwe, assisted by D. Sellner), supported by Kingdom of Belgium, (Agent: A. Snoecx) — action under Article 226 EC for failure to fulfil obligations, brought on 20 March 2002 — the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, R. Schintgen and J.N. Cunha Rodrigues (Rapporteur), Judges; C. Stix-Hackl, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, gave a judgment on 14 April 2005, in which it:

| 1. | Declares that by making own resources available to the Community too late, the Federal Republic of Germany has failed to fulfil its obligations under Article 49 of Commission Regulation (EEC) No 1214/92 of 21 April 1992 on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure and Article 379 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, read together with Article 2(1) 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.

Declares that by making own resources available to the Community too late, the Federal Republic of Germany has failed to fulfil its obligations under Article 49 of Commission Regulation (EEC) No 1214/92 of 21 April 1992 on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure and Article 379 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, read together with Article 2(1) 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. | Dismisses the remainder of the action; |
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2.

Dismisses the remainder of the action;

| 3. | Orders the Federal Republic of Germany to pay the costs; |
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3.

Orders the Federal Republic of Germany to pay the costs;

| 4. | Orders the Kingdom of Belgium to bear its own costs. |
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4.

Orders the Kingdom of Belgium to bear its own costs.

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(1)  OJ C 131 of 01.06.2002.

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