Judgment of the Court (Grand Chamber) of  15 November 2005  in Case C-392/02: Commission of the European Communities v Kingdom of Denmark (Failure of a Member State to fulfil obligations — Communities' own resources — Customs duties legally owing not subsequently recovered following an error by the national customs authorities — Financial liability of Member States)
Date: 2005-12-24
Institutions: Court of Justice
Subjects: Denmark, European Commission, Member States' contribution, action for failure to fulfil an obligation, customs regulations

24.12.2005

EN

Official Journal of the European Union

C 330/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

2. Orders the Kingdom of Denmark to pay the costs;

(Grand Chamber)

of 15 November 2005

3. Orders

the Kingdom of Belgium,

the Federal Republic of
Germany, the Italian Republic, the Kingdom of the Netherlands,
the Portuguese Republic and the Kingdom of Sweden to bear their
own costs.

in Case C-392/02: Commission of the European Commu-
nities v Kingdom of Denmark (1)

(1) OJ C 31,8.2.2003.

(Failure of a Member State to fulfil obligations — Commu-
nities' own resources — Customs duties legally owing not
subsequently recovered following an error by the national
customs authorities — Financial liability of Member States)

(2005/C 330/01)

(Language of the case: Danish)

In Case C-392/02, Commission of the European Communities
(Agent: H.-P. Hartvig and G. Wilms) v Kingdom of Denmark,
(Agent: J. Molde), supported by Kingdom of Belgium, (Agent:
A. Snoecx), Federal Republic of Germany (Agent: W.-D. Ples-
sing, assisted by D. Sellner and U. Karpenstein, Rechtsanwälte),
Italian Republic (Agent: I.M. Braguglia, assisted by G. de Bellis,
avvocato dello Stato), Kingdom of the Netherlands (represented
by H.G. Sevenster and J. van Bakel), Portuguese Republic,
(Agents: L. Fernandes, Â. Seiça Neves and J.A. dos Anjos),
Kingdom of Sweden, (Agents: A. Kruse, K. Wistrand and A.
Falk), — action under Article 226 EC for failure to fulfil obliga-
tions, brought on 7 November 2002 — the Court (Grand
Chamber), composed of V. Skouris, President, P. Jann, C.W.A.
Timmermans, A. Rosas and J. Makarczyk, Presidents of Cham-
bers, C. Gulmann, A. La Pergola, J.-P. Puissochet, S. von Bahr
(Rapporteur), P. Kūris, U. Lõhmus, E. Levits and A. Ó Caoimh,
Judges; L.A. Geelhoed, Advocate General; H. von Holstein,
Deputy Registrar, for the Registrar, gave a judgment on 15
November 2005, in which it:

1. Declares that, by failing to make available to the Commission of
the European Communities an amount of DKK 140 409.60 in
own resources, together with default interest thereon calculated as
from 20 December 1999, the Kingdom of Denmark has failed to
in particular,
fulfil
under Articles 2 and 8 of Council Decision 94/728/EC, Euratom
of 31 October 1994 on the system of the European Communities'
own resources;

its obligations under Community law and,

JUDGMENT OF THE COURT

(Third Chamber)

of 27 October 2005

in Case C-158/03: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Freedom of establishment — Freedom to provide services —
Calls for tender issued by the Instituto Nacional de Salud —
Health services consisting of home respiratory treatments —
Condition for tendering — Evaluation criteria — Principle of
non-discrimination)

(2005/C 330/02)

(Language of the case: Spanish)

In Case C-158/03 Commission of the European Communities
(Agents: G. Valero Jordana and K. Wiedner) v Kingdom of
Spain (Agent: S. Ortiz Vaamonde) — action under Article 226
EC for failure to fulfil its obligations, brought on 7 April 2003
(Third Chamber), composed of A. Rosas
— the Court
(Rapporteur), President of
J.-
P. Puissochet, S. von Bahr and U. Lõhmus, Judges; C. Stix-
Hackl, Advocate General; M. Ferreira, Principal Administrator,
for the Registrar, gave a judgment on 27 October 2005, in
which it:

J. Malenovský,

the Chamber,