Case C-275/04: Judgment of the Court (First Chamber) of 5 October 2006 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — External Community transit — Regulations (EEC) No 2913/92 and No 2454/93 — Communities' own resources — Making available — Time-limits — Default interest — Failure to keep and communicate supporting documents relating to the establishment and making available of own resources)
Date: 2006-12-02
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, disclosure of information, financial control, financial management, financial regulation, financing of the EU budget, own resources

C 294/6

EN

Official Journal of the European Union

2.12.2006

4. Orders Technische Unie BV to pay the costs of these proceedings.
The costs relating to the proceedings at first instance which gave
rise to the judgment of 16 December 2003 in Joined Cases T-
5/00 and T-6/00 Nederlandse Federatieve Vereniging voor de
Groothandel op Elektrotechnisch Gebied and Technische Unie v
Commission remain payable by Technische Unie BV, in accord-
ance with the procedure laid down in paragraph 3 of the operative
part of that judgment.

(1) OJ C 106, 30.04.2004.

Judgment of the Court (First Chamber) of 5 October 2006
— Commission of the European Communities v Kingdom
of Belgium

94/728/EC, Euratom on the system of the Communities' own
resources the entitlements established within the prescribed periods,

by failing to verify whether, since 1 January 1995, other delays in
making own resources available occurred following a late entry in
the accounts referred to in Article 6(3)(a) of Regulation No
1150/2000, by destroying the records covering that period and
by failing to inform the Commission of those delays in order to
enable it to calculate the default interest owing in terms of Article
11 of that regulation due to a delay in making own resources
available,

the Kingdom of Belgium has failed to fulfil its obligations under
Articles 3, 6, 9, 10 and 11 of Regulation No 1150/2000
which, with effect from 31 May 2000, repealed and replaced
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, the purpose of which is
the same, and Article 10 EC;

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

(Case C-275/04) (1)

3. Orders

the United Kingdom of Great Britain and Northern

(Failure of a Member State to fulfil obligations — External
Community transit — Regulations (EEC) No 2913/92 and
No 2454/93 — Communities' own resources — Making
available — Time-limits — Default interest — Failure to
keep and communicate supporting documents relating to the
establishment and making available of own resources)

(2006/C 294/09)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Giolito and G. Wilms, Agents)

Defendant: Kingdom of Belgium (represented by: E. Dominko-
vits and M. Wimmer, Agents)

Intervener in support of the defendant: United Kingdom of Great
Britain and Northern Ireland (represented by C. Jackson, Agent,
and M. Angiolini and R. Anderson, Barristers

Re:

Failure of a Member State to fulfil obligations — Articles 6, 9,
10 and 11 of Council Regulation (EC, Euratom) No 1150/2000
of 22 May 2000 implementing Decision 94/728/EC, Euratom
on the system of the Communities' own resources (OJ 2000 L
130, p. 1), which, as from 31 May 2000, repealed and replaced
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 (OJ 1989 L 155, p.
1) — Anomalies and delays found in the accounting entries of
own resources.

Ireland to bear its own costs.

(1) OJ C 217, 28.08.2004.

Judgment of the Court (First Chamber) of 28 September
2006 — Commission of the European Communities v
Kingdom of the Netherlands

(Joined Cases C-282/04 and C-283/04) (1)

(Failure by a Member State to fulfil obligations — Articles
56(1) EC and 43 EC — Special shares (‘golden shares’) of
the Netherlands State in the companies KPN and TPG —
Distinction between ‘controlling holding’, ‘direct investment’
and ‘portfolio investment’ in the context of fundamental free-
doms — ‘State measure’ for the purposes of fundamental
freedoms — Guarantee of universal postal service)

(2006/C 294/10)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (repre-
sented by: H. Støvlbæk, A Nijenhuis and S. Noë, acting as
Agents)

Defendant: Kingdom of the Netherlands (represented by: H.G.
Sevenster, J.G.M. van Bakel and M. De Grave, acting as Agents)

Operative part of the judgment

The Court:

Re:

1. Declares that by failing to enter in the accounts referred to in
Article
Euratom)
No 1150/2000 of 22 May 2000 implementing Decision

Regulation

Council

6(3)(a)

(EC,

of

Failure by a Member State to fulfil obligations — Articles 43
and 56 EC — Rights attached to the Netherlands State's special
share in the company Koninklijke KPN NV