# C_2019305EN.01002002.xml

| 9.9.2019 | EN | Official Journal of the European Union | C 305/20 |
| --- | --- | --- | --- |

9.9.2019

EN

Official Journal of the European Union

C 305/20

---

Judgment of the Court (Seventh Chamber) of 11 July 2019 — European Commission v Italian Republic

(Case C-304/18) (1)

(Failure of a Member State to fulfil obligations - Own resources - Customs duties - Finding of a customs debt - Inclusion in separate accounts - Obligation to make own resources available to the European Union - Recovery procedure initiated out of time - Default interest)

(2019/C 305/25)

Language of the case: Italian

Parties

Applicant: European Commission (represented initially by Z. Malůšková, M. Owsiany-Hornung and F. Tomat, and subsequently by Z. Malůšková and F. Tomat, acting as Agents)

Defendant: Italian Republic (represented by G. Palmieri, acting as Agent, and G. Albenzio, avvocato dello Stato)

Operative part of the judgment

The Court:

| 1. | Declares that by refusing to make available traditional own resources amounting to EUR 2 120 309,50, referred to in the write-off notice IT(07)08-917, the Italian Republic has failed to fulfil its obligations under Article 8 of Council Decision 94/728/EC, Euratom of 31 October 1994, on the system of the European Communities’ own resources, Article 8 of Council Decision 2000/597/EC, Euratom of 29 September 2000, on the system of the European Communities’ own resources, Article 8 of Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources and Article 8 of Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union, and Articles 10, 11 and 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, Articles 10, 11 and 17 Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, and Articles 10, 12 and 13 Council Regulation (EU, Euratom) No 609/2014 of 26 May 2014 on the methods and procedure for making available the traditional, VAT and GNI-based own resources and on the measures to meet cash requirements; |
| --- | --- |

1.

Declares that by refusing to make available traditional own resources amounting to EUR 2 120 309,50, referred to in the write-off notice IT(07)08-917, the Italian Republic has failed to fulfil its obligations under Article 8 of Council Decision 94/728/EC, Euratom of 31 October 1994, on the system of the European Communities’ own resources, Article 8 of Council Decision 2000/597/EC, Euratom of 29 September 2000, on the system of the European Communities’ own resources, Article 8 of Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources and Article 8 of Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union, and Articles 10, 11 and 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, Articles 10, 11 and 17 Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, and Articles 10, 12 and 13 Council Regulation (EU, Euratom) No 609/2014 of 26 May 2014 on the methods and procedure for making available the traditional, VAT and GNI-based own resources and on the measures to meet cash requirements;

| 2. | Dismisses the remainder of the action; |
| --- | --- |

2.

Dismisses the remainder of the action;

| 3. | Orders the Italian Republic to pay four fifths of the costs incurred by the European Commission and to bear its own costs; |
| --- | --- |

3.

Orders the Italian Republic to pay four fifths of the costs incurred by the European Commission and to bear its own costs;

| 4. | Orders the European Commission to bear one fifth of its own costs. |
| --- | --- |

4.

Orders the European Commission to bear one fifth of its own costs.

---

(1)  OJ C 221, 25.6.2018.

---