Case C-463/05: Action brought on  22 December 2005  by the Commission of the European Communities against the Kingdom of the Netherlands
Date: 2006-02-25
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, contract, financial legislation, guarantee

25.2.2006

EN

Official Journal of the European Union

C 48/19

The Commission finds that Denmark, although requested to do
so, failed to carry out the calculations necessary to establish
those amounts, which were not paid as own resources to the
Community by reason of the Treaty infringement in question
dating from the 1998 accounting year.

The Commission also finds that the amounts corresponding to
the customs debt in question were not made available to the
Commission before 31 March 2002.

The Commission accordingly finds that, by not establishing its
own resources in respect of imports of military equipment and
making those resources available to the Commission, Denmark
has failed to fulfil its obligations under Articles 2, 9, 10 and 11
of Regulation (EEC, Euratom) No 1552/89 and of Regulation
(EC, Euratom) No 1150/2000.

Action brought on 22 December 2005 by the Commission
of the European Communities against the Kingdom of the
Netherlands

(Case C-463/05)

(2006/C 48/36)

(Language of the case: Dutch)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on
22 December 2005 by the Commission of
the European
Communities, represented by Dominique Maidani and Wouter
Wils, acting as Agents.

The Commission claims that the Court should:

1. declare that, by not adopting the laws, regulations and
administrative provisions necessary to give effect to Direc-
tive 2002/47/EC (1) of the European Parliament and of the
Council of 6 June 2002 on financial collateral arrangements,
or in any event by not informing the Commission of those
measures, the Kingdom of the Netherlands has failed to
fulfil its obligations under that directive;

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

Pleas in law and main arguments

Article 11 of Directive 2002/47 imposed an obligation on
Member States to bring into force the provisions necessary to
comply with that directive by 27 December 2003 at the latest
and immediately to inform the Commission of those provi-
sions.

The Commission finds that the Kingdom of the Netherlands
has not yet adopted those measures or in any event has not
notified it of them.

(1) OJ 2002 L 168, p. 43.

Appeal brought on 4 January 2006 by Groupe Danone
against the judgment of the Court of First Instance of the
European Communities (Fifth Chamber) of 25 October
2005 in Case T-38/02: Groupe Danone v Commission of
the European Communities

(Case C-3/06 P)

(2006/C 48/37)

(Language of the case: French)

An appeal against the judgment of the Court of First Instance
of the European Communities (Fifth Chamber) of 25 October
2005 in Case T-38/02 Groupe Danone v Commission of the Euro-
pean Communities was brought before the Court of Justice of the
European Communities on 4 January 2006 by Groupe Danone,
represented by A. Winckler and S. Sorinas, avocats.

The appellant claims that the Court should:

— set aside in part, on the basis of Article 225(1) EC and
Article 61 of the Statute, the judgment given by the Court
of First Instance on 25 October 2005 in Case T-38/02
Groupe Danone v Commission of the European Communities in
so far as (i) it dismisses the plea that there was no basis for
taking into account the applicant's repeated infringement as
an aggravating circumstance and (ii) it varies the method of
calculation used by the Commission for the fine imposed;

— grant the forms of order sought by Groupe Danone at first
instance in relation to the plea that there was no basis for
taking into account the applicant's repeated infringement as
an aggravating circumstance and, consequently, on the
basis of Article 229 EC and Article 17 of Regulation No
17 (1), reduce the fine imposed by the Commission;

— reduce, on the basis of Article 229 EC and Article 17 of
Regulation No 17, the amount of the fine pro rata to the
decrease in the reduction for attenuating circumstances
decided on by the Court of First Instance;

— order the Commission to pay the costs.