Case T-177/05: Action brought on 6 May 2005 by the Republic of Finland against the Commission of the European Communities
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: European Commission, Finland, Member States' contribution, action for annulment (EU), financial regulation, infringement procedure (EU), own resources, payment

C 155/30

EN

Official Journal of the European Union

25.6.2005

Action brought on 6 May 2005 by the Republic of Finland
against the Commission of the European Communities

its application within the meaning of the second paragraph of
Article 230 EC

(Case T-177/05)

(2005/C 155/57)

(Language of the case: Finnish)

— by refusing, contrary to the principle of loyal cooperation
under Article 10 EC and to the case-law of the Court of
Justice concerning conditional payment, to enter into nego-
tiations on the conditional payment demanded by the
Commission from Finland on the basis of Regulation (EC,
Euratom) No 1150/2000, in the infringement proceedings
2003/2180, of retroactive customs duties and interest for
late payment accrued thereon up to the date of payment,
and

— by not stating reasons for its refusal, contrary to Article

253 EC.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 6 May 2005 by the Republic of
Finland,
and Alice
Guimaraes-Purokoski, Deputy Agent.

represented by Tuula Pynnä, Agent,

The applicant claims that the Court should:

1. annul the Commission's decision contained in the letter of
the Director-General of the Commission's Budget Directo-
rate-General to Finland's Permanent Representative to the
European Union dated 28 February 2005 and the letter of
the Director-General of the Commission's Budget Directo-
rate-General to Finland's Permanent Representative to the
European Union dated 25 April 2005 confirming that deci-
sion, by which the Commission refused to enter into nego-
tiations with Finland on the conditional payment demanded
by the Commission from Finland,
in the infringement
proceedings 2003/2180 brought pursuant to Article 226
EC, of retroactive customs duties and interest
for late
payment accrued thereon up to the date of payment;

2. order the Commission to pay the costs.

Pleas in law and main arguments

The Director-General of the Commission's Budget Directorate-
General Mr Romero sent Finland's Permanent Representative to
the European Union a letter dated 28 February 2005. In the
letter the Commission states that it refuses to enter into nego-
tiations on the conditional payment demanded by the Commis-
sion from Finland on the basis of Regulation (EC, Euratom) No
1150/2000, (1)
in the infringement proceedings 2003/2180
brought pursuant to Article 226 EC, of retroactive customs
duties and interest for late payment accrued thereon up to the
date of payment. The Commission confirmed that decision in
the letter of the Director-General of the Commission's Budget
Directorate-General to Finland's Permanent Representative to
the European Union dated 25 April 2005.

Finland considers that in making the contested decision the
Commission infringed the EC Treaty or rules of law relating to

The refusal of negotiations has the result that Finland cannot
pay conditionally the retroactive customs duties and interest for
late payment demanded by the Commission from Finland on
the basis of Regulation (EC, Euratom) No 1150/2000 in the
infringement proceedings 2003/2180, at
time
ensuring that the points of law at issue in the infringement
proceedings 2003/2180 are brought before the Court of
Justice.

same

the

(1) Council Rgulation (EC, Euratom) No 1150/2000 of 22 May 2000
implementing Decision 94/728/EC, Euratom on the system of the
Communities' own resources, OJ L 130 of 31.5.2000, p. 1.

Action brought on 5 May 2005 by the United Kingdom of
Great Britain and Northern Ireland against the Commis-
sion of the European Communities

(Case T-178/05)

(2005/C 155/58)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 5 May 2005 by the United
Kingdom of Great Britain and Northern Ireland, represented by
C. Jackson, agent, assisted by M. Hoskins, Barrister.