EN Official Journal of the European Union C 318/7

Action brought on 30 June 2017 — European Commission v United Kingdom of Great Britain and Northern Ireland

(Case C-391/17)

(2017/C 318/12)

Language of the case: English

Parties

Applicant: European Commission (represented by: L. Flynn, A. Caeiros, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claims that the Court should:

— declare that, by not compensating the loss of an amount of own resources which should have been established and made available to the Union’s budget under Articles 2, 6, 10, 11 and 17 of Regulation 1552/1989 (1) (Articles 2, 6, 10, 12 and 13 of Regulation 609/2014 (2)) had export certificates not been issued in breach of Article 101(2) of Decision 91/482/EEC (3) for the imports of aluminum from Anguilla in 1999-2000, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 5 (subsequently Article 10) of the Treaty establishing the European Community (now Article 4(3) of the Treaty on European Union), and

— order the United Kingdom of Great Britain and Northern Ireland to pay the costs.

Pleas in law and main arguments

1. Between March 1999 and June 2000 aluminum originating from third countries and first imported into Anguilla was, after re-export from Anguilla, imported into Italy. An export shipping allowance of USD 25 per metric tonne (the ‘transport aid’) had been granted by the Anguillan authorities for the goods transiting Anguilla. That ‘transport aid’ granted by Anguilla for transiting goods corresponding to a refund of customs duties would void the customs exemption in case of re-export from Anguilla and import into the EU. Article 101(2) of Decision 91/482/EEC was wrongly applied by Anguillan authorities as they issued export certificates although the conditions to do so were not fulfilled. Following violation of Article 101(2) of Decision 91/482/EEC due to Anguilla wrongfully issuing export certificates, Italy was hindered in collecting customs duties in accordance with Article 24 EC (now 29 TFEU).

2. The United Kingdom is financially responsible for the loss of traditional own resources caused by export certificates issued in breach of Article 101(2) of Decision 91/482/EEC. The United Kingdom authorities have not taken all appropriate measures to protect the Union’s financial interests and to ensure that Decision 91/482/EEC is correctly applied by the administration of Anguilla. Each Member State has to ensure that its overseas territories apply correctly any legal act applicable to them, such as Decision 91/482/EEC, in order to efficiently protect the EU's financial interests.

3. Where actions or omissions of any Member State’s authorities result in a loss of own resources, the Union must be credited with the equivalent of the amount of own resources lost. Accordingly, the United Kingdom should compensate the Union’s budget for the total amount of own resources lost, and pay default interest under Article 11 of Regulation No 1150/2000 (4).

(1) 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 (OJ L 155, p. 1)

(2) 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 (Recast) (OJ L 168, p. 39)

(3) Council Decision of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community (OJ L 263, p. 1)

(4) Council Regulation (EC, Euratom) No 1150 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities’ own resources (OJ L 130, p. 1)