Order — ECLI:EU:C:2007:371
Date: 2007-06-21
Language of the case: Finnish
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Financial provisions;Own resources
Concepts: General;Own resources of the Communities;Obligations of the Member States;Commission
Procedure: Action for annulment;Appeal - unfounded
Origin: Finland

Summary of the Order 1. Own resources of the European Communities – Establishment and making available by the Member States (Council Regulation No 1150/2000) 2. Actions for annulment – Actionable measures – Measures producing binding legal effects (Art. 230 EC; Council Regulation No 1150/2000) 3. European Communities – Institutions – Obligations – Duty of loyal cooperation (Art. 10 EC; Council Regulation No 1150/2000) 1. Regulation No 1150/2000 implementing Decision 94/728 on the system of the Communities’ own resources does not confer on the Commission the power to enter into any negotiations with the Member States concerning conditional payment of those resources. Moreover, the inseparable nature of the link between the obligation to establish the Communities’ own resources, the obligation to credit them to the Commission’s account within the prescribed time-limit and the obligation to pay default interest does not permit the Commission to open separate negotiations concerning one of those factors. (see paras 29-30) 2. The only decisions which may be the subject of an action for annulment within the meaning of Article 230 EC are measures the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position. Refusal by the Commission to enter into negotiations with a Member State regarding the conditional payment of customs duties demanded retroactively, plus accumulated default interest, by way of Community own resources, contained in letters sent by the Commission to that State does not constitute a decision adversely affecting the Member State. Only the result of such negotiations is capable of affecting the interests of the Member State in question. The question of a result cannot however arise, since the Commission has no power under Regulation No 1150/2000 implementing Decision 94/728 on the system of the Communities’ own resources either to conclude an agreement leading to such a result or to enter into negotiations for that purpose. (see paras 40-41) 3. The principles of loyal cooperation and legal certainty do not confer on a Member State the right to require the Commission to enter into negotiations with it for the purpose of reaching an agreement on a conditional payment of own resources. Although the Commission cannot refuse a Member State the right to make a conditional payment, the recognition of such a right is subject to the Community rules surrounding the conditional payment. Thus, to the question of the possible opening of negotiations on such a payment, in the context of infringement proceedings and an action for failure to fulfil obligations, the Commission must apply the legal rules in force at the time when the letters at issue were sent to the Member State. That assessment cannot be affected by a judgment of the Court of Justice bringing that action to a close, and in consequence delivered after those letters were sent. Moreover, neither an obligation on the part of the Commission to bring an action for failure to fulfil obligations before the Court of Justice nor an obligation to refrain from requesting the allegedly confidential information provided for by Regulation No 1150/2000 implementing Decision 94/728 on the system of the Communities’ own resources can imply an obligation on the Commission to negotiate a payment subject to the condition that the Commission undertakes to bring the matter before the Court of Justice and that the payment takes place without the Commission requiring the information provided for by Article 6 of Regulation No 1150/2000. (see paras 33, 35-36, 45)