Removal from the register of Case C-225/03
Date: 2005-09-03
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, free movement of goods, health legislation, medical device, medical diagnosis, public health, test tube fertilisation

3.9.2005

EN

Official Journal of the European Union

C 217/31

Action brought on 20 July 2005 by the Commission of the
European Communities against the Kingdom of Sweden

Removal from the register of Case C-156/02 (1)

(Case C-294/05)

(2005/C 217/60)

(Language of the case: Swedish)

An action against the Kingdom of Sweden was brought before
the Court of Justice of the European Communities on 20 July
2005 by the Commission of the European Communities, repre-
sented by Lena Ström van Lier and Günter Wilms, acting as
Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing,

from 1 January 1998 until 31
December 2002 inclusive, to establish and credit its own
resources in connection with the import of war material
and goods for civilian or military use and by failing to pay
late payment interest thereon, the Kingdom of Sweden has
failed to fulfil its obligations under Articles 2, 9, 10 and 11
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, as valid
before 31 May 2000, and thereafter under Council Regu-
lation (EC, Euratom) No 1150/2000 of 22 May 2000 imple-
menting Decision 94/728/EC, Euratom on the system of the
Communities' own resources

2. order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

From 1 January 1998 until 31 December 2002 inclusive, the
its own
Kingdom of Sweden failed to establish and credit
resources in connection with the import of war materials and
goods for civilian or military use, also by failing to pay late
payment interest thereon. The Swedish Government contends
that Article 296(1)(b) EC gives Member States the right unilat-
erally to grant exemption from duty for imports of war mate-
rial and of goods with dual usage (civilian and military) on
grounds of defence economics, to protect military secrecy and
to comply with international agreements made regarding the
guarantee of military security. The Commission submits that
Member States do not have the right, by reference to Article
296(1)(b) EC, to withdraw their own resources from the Com-
munity budget. In all the circumstances, Member States have
the burden of proving that the exemption from duty of war
material and of goods with dual usage and the consequent
failure to establish and credit their own resources is a necessary
measure for the protection of their essential security interests.
The Commission takes the view that the Kingdom of Sweden
has not satisfied that burden of proof.

(2005/C 217/61)

(Language of the case: German)

By order of 6 June 2005 the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-156/02 (Reference for a preliminary ruling
Bundessozialgericht): Maria Purschke v Landesversicherungsan-
stalt Oberbayern.

(1) OJ C 180 of 27.07.2002.

Removal from the register of Case C-225/03 (1)

(2005/C 217/62)

(Language of the case: French)

By order of 7 July 2005, the President of the Court of Justice of
the European Communities has ordered the removal from the
register of Case C-225/03: Commission of
the European
Communities v French Republic.

(1) OJ C 171 of 19.07.2003.

Removal from the register of Case C-527/03 (1)

(2005/C 217/63)

(Language of the case: Dutch)

By order of 8 June 2005 the President of the Court of Justice of
the European Communities has ordered the removal from the
the European
register of Case C-527/03: Commission of
Communities v Kingdom of the Netherlands.

(1) OJ C 59 of 6.03.2004.