Case C-459/05: Action brought on  23 December 2005  by the Commission of the European Communities against the Kingdom of Belgium
Date: 2006-02-25
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, dentist, midwife, pharmacy, physician, recognition of vocational training qualifications, town-planning profession

C 48/18

EN

Official Journal of the European Union

25.2.2006

Action brought on 23 December 2005 by the Commission
of the European Communities against the Kingdom of
Belgium

Action brought on 23 December 2005 by the Commission
of the European Communities against the Kingdom of
Denmark

(Case C-459/05)

(2006/C 48/34)

(Language of the case: French)

Justice of

An action against the Kingdom of Belgium was brought before
the Court of
the European Communities on 23
December 2005 by the Commission of the European Commu-
nities, represented by H. Stovlbaek and D. Maidani, acting as
Agents, with an address for service in Luxembourg.

The Commission of the European Communities claims that the
Court should:

1. declare that, by failing to bring into force all the laws, regu-
lations and administrative provisions necessary to comply
with Directive 2001/19/EC of the European Parliament and
of the Council of 14 May 2001 amending Council Direc-
tives 89/48/EEC and 92/51/EEC on the general system for
the recognition of professional qualifications and Council
Directives
78/686/EEC,
78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC,
80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and
93/16/EEC concerning the professions of nurse responsible
for general care, dental practitioner, veterinary surgeon,
midwife, architect, pharmacist and doctor (1), or,
in any
event, by failing to notify the Commission of such measures,
the Kingdom of Belgium has failed to fulfil its obligations
under that directive;

77/453/EEC,

77/452/EEC,

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

Pleas in law and main arguments

Article 16(1) of Directive 2001/19 provides that Member States
are to bring into force the provisions necessary to comply with
that directive no later than 1 January 2003 and forthwith
inform the Commission thereof.

The Commission observes that the Kingdom of Belgium has
still not taken the measures necessary for that purpose or, in
any event, has failed to notify the Commission of such
measures.

(1) OJ 2001 L 206, p. 1.

(Case C-461/05)

(2006/C 48/35)

(Language of the case: Danish)

An action against
the Kingdom of Denmark was brought
before the Court of Justice of the European Communities on
23 December 2005 by the Commission of
the European
Communities, represented by G. Wilms and H.C. Støvlbæk,
acting as Agents, with an address for service in Luxembourg.

The Commission of the European Communities claims that the
Court should:

1. declare that, by refusing to calculate and pay own resources
which were not collected by reason of the duty-free impor-
tation of military equipment, and by refusing to pay default
interest on the own resources which Denmark failed to
the Kingdom of
to the Commission,
make available
Denmark has failed to fulfil its obligations under Articles 2,
9, 10 and 11 of Regulation No 1552/89 for the period up
to 31 May 2000 and under those articles of Regulation
No 1150/2000 in respect of the period after that date;

2. order the defendant to pay the costs.

Pleas in law and main arguments

The Commission takes the view that Denmark has failed to
fulfil its obligations under Articles 2, 9, 10 and 11 of Regu-
lation (EEC, Euratom) No 1552/89 up to and including 31 May
2000 and under Articles 2, 9, 10 and 11 of Regulation (EC,
Euratom) No 1150/2000 from 1 June 2000 to 31 December
2002 by reason of its failure to pay own resources in respect
of the importation of military equipment.

This breach of
the Treaty continued until Regulation (EC)
No 150/2003 entered into force, that is to say, until 1 January
2003. Under that regulation duty on imports of certain types
of military equipment may, subject to specified conditions, be
suspended from that date.

In the Commission's view, a Member State which has set aside
the Community-law rules on duty, resulting in a loss of own
resources, is under an obligation to pay to the Community an
amount corresponding to that loss. Default interest may also
have to be added to that amount pursuant to Article 11 of
Regulation (EEC, Euratom) No 1552/89 and Regulation (EC,
Euratom) No 1150/2000.

The Danish authorities ought, under Articles 2, 9, 10 and 11
of Regulation (EEC, Euratom) No 1552/89 and Regulation (EC,
Euratom) No 1150/2000, to have calculated and entered in
their accounts the amounts relating to the imports in question
within the prescribed period, in accordance with Article 217(1)
of the Community Customs Code, and made those amounts
available to the Commission.