Case C-550/03: Action brought on 23 December 2003 by the Commission of the European Communities against the Hellenic Republic
Date: 2004-03-06
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, organisation of transport, rail transport, transport licence

6.3.2004

EN

Official Journal of the European Union

C 59/13

As a result of its failure to fulfil those obligations, Spain must
pay default interest, in accordance with Community rules on
own resources. According to settled case-law, there is an
indissoluble link between the obligation to establish the
Community’ own resources, the obligation to credit them to
the Commission’s account within the prescribed time-limit
and, finally, the obligation to pay default interest, which is
owed for the whole period of delay and is payable regardless
of the reason for the delay in making the entry in the
Commission’s account. Consequently, the reference made by
the Spanish authorities to their internal procedures, has no
influence as regards its obligation to pay default interest. In
order to enable the Commission to calculate the default
interest, Spain must communicate to it all the information
necessary on the periods which elapsed between the entry in
the accounts, as the relevant time for the establishment of own
resources, according to the provisions of Community law on
the collection of those resources, and the practice followed by
the Spanish authorities. The Kingdom of Spain has failed to
fulfil that obligation.

(1) Council Regulation (EEC) No 2913 of 12 October 1992 estab-
lishing the Community Customs Code (OJ 1992 L 302, p. 1).
(2) Council Regulation (EEC) No 1854/89 of 14 June 1989 on the
entry in the accounts and terms of payment of the amounts of
import duties or export duties resulting from a customs debt (OJ
1989 L 186, p. 1).

(3) 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 L 155, p. 1).

(4) 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).

— 2001/12/EC of the European Parliament and of the
Council of 26 February 2001 amending Council
Directive 91/440/EEC on the development of the
Community’s railways (1);

— 2001/13/EC of the European Parliament and of the
Council of 26 February 2001 amending Council
Directive 95/18/EC on the licensing of railway
undertakings (2);

— 2001/14/EC of the European Parliament and of the
Council of 26 February 2001 on the allocation of
railway infrastructure capacity and the levying of
charges for the use of railway infrastructure and
safety certification (3);

and in any event by failing to notify the provisions in
question to the Commission, the Hellenic Republic has
failed to fulfil its obligations under those directives.

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing the directives into
national law expired on 15 March 2003.

(1) OJ L 75 of 15.03.2001, p. 1.
(2) OJ L 75 of 15.03.2001, p. 26.
(3) OJ L 75 of 15.03.2001, p. 29.

Action brought on 23 December 2003 by the Commission
of the European Communities against the Hellenic
Republic

(Case C-550/03)

(2004/C 59/22)

Appeal brought on 29 December 2003 by Unilever
Bestfoods (Ireland) Ltd, formerly HB Ice Cream Ltd,
against the judgment delivered on 23 October 2003 by
the Fifth Chamber of the Court of First Instance of the
European Communities in case T-65/98 between Van den
Bergh Foods Ltd, formerly HB Ice Cream Ltd, and the
Commission of the European Communities

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 23 December
2003 by the Commission of the European Communities,
represented by Georgios Zavvos and Wouter Wils, of its Legal
Service.

(Case C-552/03 P)

(2004/C 59/23)

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directives:

An appeal against the judgment delivered on 23 October 2003
by the Fifth Chamber of the Court of First Instance of the
European Communities in case T-65/98 (1) between Van den
formerly HB Ice Cream Ltd, and the
Bergh Foods Ltd,