Case C-150/07: Judgment of the Court (First Chamber) of 22 January 2009 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil its obligations — Late payment of own resources — Default interest payable — Accounting rules — ATA system)
Date: 2009-01-22
Institutions: Court of Justice
Subjects: Community budget, European Commission, Portugal, action for annulment (EU), budgetary control, customs debt, fraud against the EU

21.3.2009

EN

Official Journal of the European Union

C 69/5

legislation concerning animal welfare’

3. The notion of ‘compliance with the provisions established in Com-
munity
referred to in
Article 33(9) of Council Regulation (EC) No 1254/1999 of
17 May 1999 on the common organisation of the market in beef
and veal must be interpreted as meaning that, where it is estab-
lished that the Community requirements relating to loading density
laid down in Chapter VI, point 47(B) of the Annex to Directive
91/628, as amended by Directive 95/29, were not complied with
during the transport of the animals, it is necessary, in principle, to
make a finding of non-compliance with those provisions in respect
of all the live animals transported.

4. Community law does not require national courts to apply, of their
own motion, a provision of Community law where such application
would lead them to deny the principle, enshrined in the relevant
national law, of the prohibition of reformatio in pejus.

(1) OJ C 20, 27.1.2007.

Judgment of the Court (First Chamber) of 22 January 2009
v
— Commission

European Communities

the

of
Portuguese Republic

Operative part of the judgment

The Court:

1. Declares

that, by refusing to pay to the Commission of

the
European Communities the default interest payable on account of
the late payment of own resources under the ATA system, the
Portuguese Republic has failed to fulfil its obligations under Arti-
cles 2, 6(2) and 9 to 11 of 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;

2. Dismisses the remainder of the action;

3. Orders the Portuguese Republic to bear its own costs and to pay
three quarters of the costs of the Commission of the European
Communities;

4. Orders the Commission of the European Communities to bear the

remainder of its own costs.

(1) OJ C 117, 26.5.2007.

(Case C-150/07) (1)

(Failure of a Member State to fulfil its obligations — Late
payment of own resources — Default interest payable —
Accounting rules — ATA system)

Judgment of the Court (Eighth Chamber) of 9 October
the European Communities v
2008 — Commission of

Kingdom of the Netherlands

(2009/C 69/06)

Language of the case: Portuguese

(Case C-230/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/22/EC — Electronic
communications — Single
European emergency call number — Caller location — Failure
to transpose within the period prescribed)

Parties

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

(2009/C 69/07)

Language of the case: Dutch

Defendant:
Fernandes, J.A. Anjos and C. Guerra Santos, acting as Agents)

Portuguese Republic

(represented by: L.

Inez

Re:

Failure of a Member State to fulfil its obligations — Infringe-
ment of Articles 2, 6(2), 9, 10 and 11 of Council Regulation
(EEC, Euratom) No 1552/89 of 29 May 1989 implementing
Decision 88/376/EEC, Euratom on the system of the Commu-
nities' own resources (OJ 1989 L 155, p. 1) — Refusal to pay
default interest in the case of late payment of own resources
under the ATA system — Accounting rules

Parties

Applicant: Commission of the European Communities (repre-
sented by: W. Wils and M. Shotter, acting as Agents)

Defendant: Kingdom of the Netherlands (represented by: C.M.
Wissels)

Intervener in support of the defendant: Republic of Lithuania (repre-
sented by: D. Kriaučiūnas, agent)