Case C-19/05: Judgment of the Court (Third Chamber) of 18 October 2007 — Commission of the European Communities v Kingdom of Denmark (Failure of a Member State to fulfil obligations — Communities' own resources — Customs duties legally owed not recovered following an error by the national customs authorities — Financial liability of the Member States)
Date: 2007-12-22
Institutions: Court of Justice
Subjects: Denmark, European Commission, Member States' contribution, action for failure to fulfil an obligation, customs duties, customs regulations, own resources

C 315/4

EN

Official Journal of the European Union

22.12.2007

Judgment of the Court (Third Chamber) of 18 October
the European Communities v
2007 — Commission of

Kingdom of Denmark

Judgment of the Court (Third Chamber) of 8 November
2007 (reference for a preliminary ruling from the Tribunale
di Forlì — Italy) — Criminal proceedings against Karl Josef
Wilhelm Schwibbert

(Case C-19/05) (1)

(Case C-20/05) (1)

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

(2007/C 315/05)

Language of the case: Danish

(Directive 98/34/EC — Procedure for the provision of infor-
mation in the field of technical standards and regulations —
Obligation to communicate draft
technical regulations —
National
law requiring the distinctive sign of the national
body responsible for collecting copyright royalties to be affixed
to compact discs placed on the market — Definition of ‘tech-
nical regulation’)

(2007/C 315/06)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: N.B. Rasmussen, G. Wilms and H.-P. Hartvig, Agents)

Referring court

Tribunale di Forlì

Defendant: Kingdom of Denmark (represented by:
Agent)

J. Molde,

Party in the main criminal proceedings

Karl Josef Wilhelm Schwibbert

Re:

Re:

Failure of a Member State to fulfil obligations — Article 10 EC
and Articles 2 and 8 of Council Decision 94/728/EC, Euratom
of 31 October 1994 on the system of the European Commu-
nities' own resources (OJ 1994 L 293, p. 9) — Financial respon-
sibility of the Member States for own resources — Failure to
make
of
DKK 18 687 475 that the customs authorities wrongly omitted
to recover as customs duties from an undertaking.

Commission

available

amount

the

an

to

Reference for a preliminary ruling — Tribunale di Forlì — Inter-
pretation of Article 3 EC and Articles 23 EC to 27 EC and of
Council Directive 92/100/EEC of 19 November 1992 on rental
right and lending right and on certain rights related to copyright
in the field of intellectual property (OJ 1992 L 346, p. 61) —
Compatibility of a national law imposing the obligation to affix
to all recordings of cinematographic or audiovisual work put on
sale the sign of the national body responsible for collecting
royalties

Operative part of the judgment

Operative part of the judgment

The Court:

1. Declares that, by failing to make available to the Commission of
the European Communities an amount of DKK 18 687 475 in
own resources, together with default interest thereon calculated as
from 27 July 2000, the Kingdom of Denmark has failed to fulfil
in particular, under
its obligations under Community law and,
Articles 2 and 8 of Council Decision 94/728/EC, Euratom of
31 October 1994 on the system of the European Communities'
own resources;

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

Directive 98/34/EC of the European Parliament and of the Council of
22 June 1998 laying down a procedure for the provision of informa-
tion in the field of technical standards and regulations and of rules on
Information Society services, as amended by Directive 98/48/EC of the
European Parliament and of the Council of 20 July 1998, must be
interpreted as meaning that national provisions such as those at issue
in the main proceedings — in so far as such provisions introduced,
implementation of Council Directive 83/189/EEC of
after
28 March 1983 laying down a procedure for the provision of infor-
mation in the field of technical standards and regulations, the obliga-
tion to affix the distinctive sign ‘SIAE’ to compact discs of works of
figurative art for the purposes of marketing them in the Member State
concerned — constitute a technical regulation which, if not notified to
the Commission, cannot be invoked against an individual.

the

(1) OJ C 93, 16.4.2005.

(1) OJ C 93, 16.4.2007.