Case C-423/08: Action brought on 24 September 2008 — Commission of the European Communities v Italian Republic
Date: 2008-09-24
Institutions: Court of Justice
Subjects: EAEC Decision, Italy, action for failure to fulfil an obligation, customs tariff, regulation (EU)

C 313/16

EN

Official Journal of the European Union

6.12.2008

Action brought on 24 September 2008 — Commission of
the European Communities v Italian Republic

(Case C-423/08)

(2008/C 313/23)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Aresu and A. Caeiros, acting as Agents)

Defendant: Italian Republic

Form of order sought

own

— declare that the Italian Republic has failed to fulfil its obliga-
tions under Articles 2, 6, 9, 10 and 11 of Council Regu-
lation (EEC, Euratom) No 1552/89 of 29 May 1989
implementing Decision 88/376/EEC on the system of the
resources (1), Council Regulation
Communities'
(EC, Euratom) No 1150/2000 of 22 May 2000 imple-
menting Decision 94/728/EC, Euratom on the system of the
Communities' own resources (2), and Article 220 of Council
Regulation (EEC) No 2913/92 of 12 October 1992 estab-
lishing the Community Customs Code (3), owing to failure
to comply with the time-limits for entry of the Commu-
nities' own resources in the event of subsequent recovery
and consequent delay in the payment of the same to the
Communities;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

subsequent

in the event of

The Commission complains that the Italian authorities failed to
recovery of customs
comply,
resources, with the time-limits for entry of the own resources
laid down by the relevant Community rules applicable, in so far
as those authorities grant an extension (of sixty days) to taxable
persons for the purposes of consultation of the minutes relating
to the challenge before calculating the import duties, with the
result that delays are caused to the crediting of the Commu-
nities' own resources in question. That instance emerged during
an inspection of own resources carried out in Italy from 6 to
10 November 2000.

According to the Commission, that operating practice is incom-
patible with the Community provisions in force concerning
subsequent recovery. In fact, the conditions for verification of
the duties are satisfied as soon as the national authorities draw
up the minutes in which the amount of
the duties to be
collected is communicated to the taxable person, since that

document indicates at the same time the name of the debtor
and the amount of the duties to be collected. In so far as in Italy
duties are verified and registered only on expiry of the time-
limit granted to taxable persons for challenging the correction
of
rules
concerned are inconsistent with the relevant Community provi-
sions, and may give rise to delays, in the present case so far as
concerns the date on which the Communities' own resources
are made available.

the duties communicated to them,

the national

(1) OJ L 155, p. 1.
(2) OJ L 130, p. 1.
(3) OJ L 302, p. 1.

Reference for a preliminary ruling from the Rechtbank
's-Gravenhage (Netherlands) lodged on 29 September 2008
— Monsanto Technology LLC v 1. Cefetra BV, 2. Cefetra
Feed Service BV, 3. Cefetra Futures BV, and 4. State of
Argentina and Miguel Santiago Campos, acting in his capa-
for Agriculture, Animal
city as Secretary of State
Husbandry, Fisheries and Food, and Monsanto Technology
LLC v 1. Vopak Agencies Rotterdam BV, and 2. Alfred C.
Toepfer International GmbH

(Case C-428/08)

(2008/C 313/24)

Language of the case: Dutch

Referring court

Rechtbank 's-Gravenhage

Parties to the main proceedings

Applicant: Monsanto Technology LLC

Defendants:

1. Cefetra BV,

2. Cefetra Feed Service BV,

3. Cefetra Futures BV,

4. State of Argentina and Miguel Santiago Campos, acting in
his capacity as Secretary of State for Agriculture, Animal
Husbandry, Fisheries and Food