Judgment of the Court (Second Chamber) of 14 April 2005 in Case C-104/02: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Regulations (EEC) Nos 2913/92 and 2454/93 — External Community transit procedure — Customs authorities — Procedures for collecting import duties — Time-limits — Non-compliance — Community own resources — Making available — Time-limit — Non-compliance — Default interest — Member State concerned — Default on payment)
Date: 2005-05-28
Institutions: Court of Justice
Subjects: EU customs procedure, European Commission, Germany, Union transit, action for failure to fulfil an obligation, interest

C 132/2

EN

Official Journal of the European Union

28.5.2005

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 14 April 2005

(Third Chamber)

of 17 March 2005

in Case C-104/02: Commission of the European Commu-
nities v Federal Republic of Germany (1)

in Case C-437/02: Commission of the European Commu-
nities against Republic of Finland (1)

(Failure of a Member State to fulfil its obligations — Regu-
lations (EEC) Nos 2913/92 and 2454/93 — External Com-
munity transit procedure — Customs authorities — Proce-
dures for collecting import duties — Time-limits — Non-
compliance — Community own resources — Making avail-
able — Time-limit — Non-compliance — Default interest —
Member State concerned — Default on payment)

(2005/C 132/02)

(Language of the case: German)

In Case C-104/02, Commission of the European Communities
(Agent: G. Wilms) v Federal Republic of Germany (Agents: W.
D. Plessing and R. Stüwe, assisted by D. Sellner), supported by
(Agent: A. Snoecx) — action under
Kingdom of Belgium,
Article 226 EC for failure to fulfil obligations, brought on 20
March 2002 — the Court (Second Chamber), composed of
C.W.A. Timmermans, President of the Chamber, R. Schintgen
and J.N. Cunha Rodrigues (Rapporteur), Judges; C. Stix-Hackl,
Advocate General; M.-F. Contet, Principal Administrator, for
the Registrar, gave a judgment on 14 April 2005, in which it:

1. Declares that by making own resources available to the Com-
munity too late, the Federal Republic of Germany has failed to
fulfil its obligations under Article 49 of Commission Regulation
(EEC) No 1214/92 of 21 April 1992 on provisions for the
the Community transit procedure and for
implementation of
certain simplifications of
that procedure and Article 379 of
Commission Regulation (EEC) No 2454/93 of 2 July 1993
laying down provisions for the implementation of Council Regu-
lation (EEC) No 2913/92 establishing the Community Customs
Code, read together with Article 2(1) of 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;

2. Dismisses the remainder of the action;

3. Orders the Federal Republic of Germany to pay the costs;

(Failure of a Member State to fulfil obligations — Fisheries
— Regulations (EEC) Nos 3760/92 and 2847/93 — Conser-
vation and management of fishery resources — Control
measures for fishing activities)

(2005/C 132/03)

(Language of the case: Finnish)

In Case C-437/02, Commission of the European Communities
(Agents: T. van Rijn and M. Huttunen) against Republic of
Finland (Agents: T. Pynnä and E. Kourula) — action for failure
to fulfil obligations under Article 226 EC, brought on 3
December 2002 — the Court (Third Chamber), composed of
A. Rosas, President of the Chamber, A. Borg Barthet, A. La
Pergola, J.-P. Puissochet (Rapporteur) and A. Ó Caoimh, Judges;
D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
gave a judgment on 17 March 2005, in which it:

1. Declares that, by failing, for the fishing years 1995 and 1996:

— to enact appropriate detailed rules for the use of the fishing
rights allocated to it and to carry out the inspections and other
checks required by the applicable Community legislation;

— to prohibit provisionally fishing within the appropriate periods

in order to avoid exhausting the quotas, and

— to institute the criminal or administrative measures which it
was obliged to take against masters of vessels who infringed
the rules relating to the common fisheries policy and against
all other persons responsible for such infringements,

the Republic of Finland has failed to fulfil its obligations under
Article 9(2) of Council Regulation (EEC) No 3760/92 of 20
December 1992 establishing a Community system for fisheries
and aquaculture, and Articles 2, 21(1) and (2) of Council Regu-
lation (EEC) No 2847/93 of 12 October 1993 establishing a
control system applicable to the common fisheries policy.

4. Orders the Kingdom of Belgium to bear its own costs.

2. Orders the Republic of Finland to pay the costs.

(1) OJ C 131 of 01.06.2002.

(1) OJ C 31 of 08.02.2003.