Opinion of the Advocate General — ECLI:EU:C:2005:747
Date: 2005-12-08
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Financial provisions;Own resources
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - inadmissible
Origin: Germany

summary of the Report of the European Parliament Committee of Inquiry at point 1.1.5. See also the finding in point 9.2.3.4 on ‘Commission inactivity’: ‘All in all, the Commission’s performance until relatively recently was a depressingly familiar display in bureaucratic immobility. Its role in relation to transit has been wholly reactive rather than proactive.’ 30 – See, inter alia, Case 44/84 Hurd [1986] ECR 29, paragraph 38, and Joined Cases 358/85 and 51/86 France v Parliament [1988] ECR 4821, paragraph 34. 31 – In particular in Articles 17(1) and 18(2) of the regulation on own resources; see Case C‑10/00 Commission v Italy [2002] ECR I‑2357, paragraph 90. 32 – See, inter alia, Case C‑408/97 Commission v Netherlands [2000] ECR I‑6417, paragraph 16. 33 – Case C‑10/00 Commission v Italy, cited in footnote 31, paragraph 89. 34 – See, inter alia, Case C‑261/99 Commission v France [2001] ECR I‑2537, paragraph 24; Case C‑378/98 Commission v Belgium [2001] ECR I‑5107, paragraph 31; and Case C‑499/99 Commission v Spain [2002] ECR I‑6031, paragraph 24. 35 – See Case 804/79 Commission v United Kingdom [1981] ECR 1045, paragraphs 30 to 32 and 37, and Case 325/85 Ireland v Commission [1987] ECR 5041, paragraphs 15 and 16. 36 – See, inter alia, Case 192/84 Commission v Greece [1985] ECR 3967, paragraph 19, and Case C‑478/01 Commission v Luxembourg [2003] ECR I‑2351, paragraph 24. 37 – See Case C‑10/00 Commission v Italy, cited in footnote 31, paragraphs 88 to 90. 38 – See Case C‑10/00 Commission v Italy, cited in footnote 31, paragraph 91. 39 – See, to that effect, the case-law of the Court cited above in footnote 31.