Judgment of the Court (Fifth Chamber) of 12 June 2003 in Case C-363/00: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Communities' own resources — Error in crediting the account opened in the name of the Commission — Default interest)
Date: 2003-08-02
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, interest, own resources

2.8.2003

EN

Official Journal of the European Union

C 184/3

JUDGMENT OF THE COURT

2. Orders the Italian Republic to pay the costs.

(Fifth Chamber)

of 12 June 2003

(1) OJ C 372, 23.12.2000.

in Case C-363/00: Commission of the European Commu-
nities v Italian Republic (1)

JUDGMENT OF THE COURT

(Failure of a Member State to fulfil obligations — Commu-
nities' own resources — Error
in crediting the account
opened in the name of the Commission — Default interest)

(Sixth Chamber)

of 26 June 2003

(2003/C 184/04)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-363/00, Commission of the European Communities
(Agents: E. Traversa and G. Wilms) v Italian Republic (Agents:
U. Leanza, assisted by G. De Bellis): Application for a declara-
tion that, by failing to make available to the Commission the
sum of
ITL 1 484 936 000 000 by way of own resources
within the period laid down by Articles 9 and 10 of Council
Regulation (EC, Euratom) No 1150/2000 of 22 May 2000
implementing Decision 94/728/EC, Euratom on the system of
the Communities' own resources (OJ 2000 L 130, p. 1), and
refusing to pay default interest owed on that amount pursuant
to Article 11 of the same regulation, the Italian Republic has
failed to fulfil
its obligations under Articles 9, 10 and 11 of
Regulation No 1150/2000 which, from 31 May 2000, repealed
and replaced 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 1989
(Fifth Chamber),
L 155, p. 1),
identical
the Chamber, C.W.
composed of: M. Wathelet, President of
A. Timmermans, P.
(Rapporteur) and
A. Rosas, Judges; L.A. Geelhoed, Advocate General; R. Grass,
Registrar, has given a judgment on 12 June 2003, in which it:

Jann, S. von Bahr

the Court

in aim,

the

the

European

sum of

1. Declares that, by failing to make available to the Commission
of
ITL
Communities
1 484 936 000 000 by way of own resources within the
period laid down by Articles 9 and 10 of Council Regulation
(EC, Euratom) No 1150/2000 of 22 May 2000 imple-
menting Decision 94/728/EC, Euratom on the system of the
Communities' own resources, and refusing to pay default interest
owed on that amount pursuant
the same
regulation, the Italian Republic has failed to fulfil its obligations
under Articles 9, 10 and 11 of Regulation No 1150/2000
which,
repealed and replaced 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, identical in aim;

from 31 May 2000,

to Article 11 of

in Case C-404/00: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure of Member State to fulfil obligations — State aid —
Regulation (EC) No 1013/97 — Aid to publicly-owned ship-
yards — Commission Decision 2000/131/EC ordering repay-
ment — Non-implementation)

(2003/C 184/05)

(Language of the case: Spanish)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-404/00, Commission of the European Communities
(Agents: K.-D. Borchardt and S. Rating) v Kingdom of Spain
(Agent: S. Ortiz Vaamonde): Application for a declaration that,
by not adopting within the prescribed period the measures
necessary to comply with Commission Decision 2001/131/EC
of 26 October 1999 on the State aid implemented by Spain in
favour of the publicly-owned shipyards (OJ 2000 L 37, p. 22),
which declares that that aid was granted illegally and is there-
fore incompatible with the common market, the Kingdom of
Spain has failed to fulfil
the fourth
paragraph of Article 249 EC and under Articles 2 and 3 of
(Sixth Chamber),
that decision,
composed of:
the Court
the Second Chamber, acting as
R. Schintgen, President of
the Sixth Chamber, C. Gulmann, V. Skouris,
President of
F. Macken
L.
and N. Colneric,
(Rapporteur)
A. Geelhoed, Advocate General; R. Grass, Registrar, has given
a judgment on 26 June 2003, in which it:

its obligations under

Judges;

1. Declares that, by not adopting within the prescribed period the
measures necessary to comply with Commission Decision 2000/
131/EC of 26 October 1999 on the State aid implemented by
Spain in favour of the publicly-owned shipyards, which declares
that that aid was granted unlawfully and is therefore incompa-
tible with the common market, the Kingdom of Spain has failed
to fulfil its obligations under Articles 2 and 3 of that decision;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 28, 27.1.2001.