Case C-275/07: Action brought on 8 June 2007 — Commission of the European Communities v Italian Republic
Date: 2007-08-25
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, customs duties, financial management, interest, own resources

25.8.2007

EN

Official Journal of the European Union

C 199/21

could fall outside that harmonised system of Community finan-
cing and instead be subject to special national fees.

— order the Italian Republic to pay the costs.

(1) OJ 1985 L 32, p. 14.
(2) OJ 2004 L 165, p. 1.

Action brought on 8 June 2007 — Commission of the
European Communities v Italian Republic

(Case C-275/07)

(2007/C 199/32)

Language of the case: Italian

Parties

Pleas in law and main arguments

two decisions of

The Commission challenges
the Italian
Republic. The first is its refusal to pay the Commission default
interest of EUR 847.06 in respect of delay in entering customs
entitlements in the accounts and having refused to bring
national provisions
into line with the Community rules
concerning entry in the accounts of uncontested customs opera-
tions covered by comprehensive security in respect of a Com-
munity transit operation. The second is its refusal to pay the
Commission default interest totalling EUR 3 322 concerning
failure to comply within the time limits prescribed by Com-
munity rules in respect of entry in ‘A’ accounts of customs enti-
tlements in the field of transit operations as provided for in the
TIR convention.

In support of the action, the applicant submits that the Italian
Republic, in addition to having infringed Articles 8 and 11 of
Regulation No 1552/89, has failed to fulfil its obligations under
Article 6(2)(a), replaced as from 31 May 2000 by Regulation
No 1150/2000 implementing Decision 94/728/EC, Euratom on
the system of the Communities' own resources and, in particu-
lar, Article 6(3)(a) thereof.

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

(1) OJ L 155 of 7.6.1989, p. 1.
(2) OJ L 130 of 31.5.2000, p. 1.

Defendant: Italian Republic

Form of order sought

The applicant claims that the Court should:

— declare that, by

— having refused to pay the Commission default interest
totalling EUR 847.06 in respect of delay in entering
customs entitlements in the accounts and having refused
to bring national provisions into line with Community
rules concerning entry in the accounts of uncontested
customs operations covered by comprehensive security
in respect of a Community transit operation, and

— having refused to pay the Commission default interest
totalling EUR 3 322 concerning failure to comply within
the time limits prescribed by Community rules
in
respect of entry in ‘A’ accounts of customs entitlements
in the field of transit operations as provided for in the
TIR convention,

the Italian Republic has failed to fulfil its obligations under
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 (1) and, in par-
ticular, Article 6(2)(a) thereof, replaced as from 31 May
2000 by Council Regulation (EC, Euratom) No 1150/2000
of 22 May 2000 implementing Decision 94/728/EC,
Euratom on the
the Communities' own
system of
resources (2) and, in particular, Article 6(3)(a) thereof.

Reference for a preliminary ruling from the Cour d'appel
de Liège (Belgium) lodged on 13 June 2007 — Belgian State
v Truck Center SA

(Case C-282/07)

(2007/C 199/33)

Language of the case: French

Referring court

Cour d'appel de Liège

Parties to the main proceedings

Appellant: Belgian State

Respondent: Truck Center SA